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2018-03-26 PEC
PLANNING AND ENVIRONMENTAL COMMISSION TOWN OF V& March 26, 2018, 1:00 PM Town Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 1. Call to Order 1. 1. Present: Ludwig Kurz, Brian Stockmar, Brian Gillette, John -Ryan Lockman, Karen Perez, John Rediker, Pam Hopkins Absent: None 2. Site Visits - begin at 10:00 AM 2.1. Map of Site Visits 2.2. OLP #14 - 370 Hanson Ranch Road 2.3. OLP #15 - Property north & west of Mill Creek Drive 2.4. OLP #16 - 460 Vail Valley Drive 2.5. OLP #18 - 1278 Vail Valley Drive 2.6. OLP #17 - Just east of 720 South Frontage Road West 2.7. OLP #19 - 3094 Booth Falls Court 2.8. OLP #24 - 3700 North Frontage Road East 2.9. OLP #20 - 3785 Lupine Drive 2.10. OLP #22 - South of 4018 & 4022 Willow Way 2.11. OLP #21 - 4205 Columbine Drive 2.12. OLP #23 - 4313 Spruce Way 2.13. OLP #25 - 4770 Bighorn Road 2.14. OLP #26 - 4682 Meadow Drive 2.15. OLP #27 - 4802 Meadow Lane 2.16. OLP #28 - Just north of 5137 Main Gore Drive & 5147 Gore Circle 2.17. OLP #11 - Property sourthwest of 742 Sandy Lane 2.18. OLP #10 - Just east of 1079 Sandstone Drive 2.19. OLP #7 - 1783 North Frontage Road West 2.20. OLP #5 - 1955 Chamonix Lane 2.21. OLP #4 - 2139 & 2159 Chamonix Lane and 5179 St. Moritz Way 2.22. OLP #2 - Property northwest of 2603 through 2703 Cortina Lane 2.23. PEC18-0012 - 2841 Basingdale Boulevard - Moore Residence 2.24. OLP #1 - 2734 Snowberry Drive 2.25. OLP #3 - 2100 Vermont Road 2.26. OLP #6 - 2338 Tahoe Drive #C 2.27. OLP #8 - 1602 Matterhorn Circle 2.28. OLP #9 - 1494 South Frontage Road West 2.29. OLP #12 - Just east of 292 West Meadow Drive 2.30. OLP #13 - 91 W iHow Bridge Road 2.31. PEC 18-0004 - 231 East Meadow Drive 3. Main Agenda - begin at 1:00 PM 3.1. A request for the review of the following two (2) variances: 1.) a variance from 30 min. Section 11 -6 -3 -A -1-a, Business Identification Signs, Number, Vail Town Code, to allow for more than one (1) business identification sign; and 2.) a variance from Section 11 -6 -3 -A -1-b, Business Identification Signs, Area, Vail Town Code, to allow for a business identification sign greater than six (6) square feet in area, in accordance with the provisions of Section 11-10-1, Variances and Appeals, Vail Town Code, located at 231 East Meadow Drive (Colorado Snowsports Museum)/Tract B & C, Vail Village Filing 1, and setting forth details in regard thereto. (PEC18-0004) Applicant Colorado Snowsports Museum Planner: Matt Panfil 1. Approval of this sign variance is contingent upon the applicant obtaining Town of Vail approval of an associated design review application. Panfil explained the two variances that were originally requested by the applicant. One variance is for the maximum number of signs and the second variance is for the size of the proposed signs. Panfil referenced new renderings and changes proposed since the previous Planning and Environmental Commission (PEC) meeting on March 12, 2018. Perez —Asked if the current request is for one (1) sign or two (2) signs. Panfil responded that based on the applicant's revisions, the motion in the staff memo is only for size, not quantify, as the applicant is now only requesting one (1) sign. Susie Tjossem stated that Panfil captured the details of the proposal. She added the sign is still slightly visible from the pedestrian area below. This is a compromise of the prior proposal and the PEC's comments from the prior meeting. Also, the color of the copy changed from red to black and the logo was incorporated into the sign. There were no questions from commissioners for the applicant. There was no public comment Lockman — Stated that the applicant did a great job cleaning up the sign. He believes the sign meets the needs of the variance and is now more comfortable with the application. Hopkins — Stated she liked the symbol and color. Perez — Pleased with the changes, but does not think the sign needs to be as large as it currently is. Kurz — Believed the applicant responded well to the PEC comments. Gillette — Stated he still questioned the needs of a variance for this project. Stockmar — Stated that because of the distance from the stairs to pedestrian area, this variance solves the problems that was stated at the previous meeting. Rediker —Agreed with staff's analysis of the variance and the effectiveness of the size and logo of the sign. He believed that due to the location and setback of the museum from the road, it would be difficult for the sign to be effective given the nature of the building and other circumstances. Perez —Asked for clarification as to why staff felt the application met the second criteria for a sign variance. Panfil responded that the layout and design of the building itself creates the difficult situation. Rediker closed commissioner comment. Ludwig Kurz moved to approve with conditions. Brian Stockmar seconded the motion and it passed (6-1). Ayes: (6) Rediker, Hopkins, Kurz, Lockman, Perez, Stockmar Nays: (1) Gillette 3.2. A request for the review of the following three (3) variances: 1.) a variance 30 min. from Section 12-21-12, Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, to allow for more than ten percent (10%) of the total site area to be covered by driveways and surface parking; 2.) a variance from Section 14-3-1, Minimum Standards, Vail Town Code, to allow for more than one (1) curb cut per unit; and 3.) a variance from Section 14-3-1, Minimum Standards, Vail Town Code, to allow for a minimum horizontal clearance between a garage door (parallel to road) to edge of public street pavement of less than 24 feet, located at 2841 Basingdale Boulevard/Lot 3, Block 8, Vail Intermountain Development Subdivision, and setting forth details in regard thereto. (PEC18-0012) ApplicantUichael & Yoshimi Moore, represented by RAL Architects, Inc. Planner: Matt Panfil Panfil began by pointing out the application is a request for three (3) separate variances and that each variance is in someway related to the others. The first variance to exceed maximum site area covered by driveways and surface parking is supported by staff. The second variance is a request for a second curb -cut. This is requested because, based on Town Code, the applicants are allowed only one curb -cut and the existing curb -cut is already counted. Rediker —Asked for clarification as to the location of the existing and proposed curb cuts. Panfil mentioned the condition suggestion by the Department of Public Works as to their preference that the applicants would not use the westernmost two (2) parking spaces within the existing parking and access easement for their own parking uses. Public Works has some safety concerns regarding a proposed increase in the amount of vehicles with back out parking as well as safety concerns with parked vehicles encroaching into the right-of-way. Based on Public Works recommendation, staff does not support the third variance request. Rediker —Asked for Panfil to show where the edge of pavement is compared to the right-of-way. Panfil — Stated a suggestion by Public Works is to push the garage north and fit meet the minimum requirements of distance from pavement edge to the proposed garage. Rediker —Asked staff to confirm that the PEC is being asked to review variances without an established home size. Panfil stated the maximum home size allowed per Town Code for the subject property would be approximately 3,500 square feet. Based on this size, staff can safely assume 3 parking spaces would be the maximum required. Rediker —Asked staff to confirm that if the PEC were to grant variances today, rather than having the applicants come before the body again, could other recommendations be made. Panfil responded that any recommendations or possible design solutions that would not require any new variances can be made. If recommendations were made that required a new variance, the item would have to be republished to include such variances. Rediker — Referenced the alternative proposal concepts on page 13 of the staff memo and asked Panfil to explain the alternative proposal. Panfil — The alternative is based on Public Works' comments and the applicants might be better at explaining the feasibility of each proposal. The first alternative would be to not grant a second curb cut and require the applicants access the site from the existing parking and access easement area. The second alternative is to move the garage back farther to the north enough to no longer need the third variance. The applicants would then have 4 full parking spaces and the remaining could be paved per the easement language, or alternatively, the applicants could amend the easement language and add landscaping back to the site. Rediker —Asked staff to clarify that the easement that is currently gravel and dirt would need to be repaved with the development of the subject property. Asked the size of the green area shown in the second alternative and if it could be landscaped or paved and blocked off by chain or other measures. Panfil responded that the easement language correctly contemplates that the Town of Vail will require that the entire parking and access easement to be paved upon the development of the subject property, but it is staff's recommendation that the applicants consider amending the easement language to allow them to landscape their (2) reserved parking spaces. Gillette —Asked staff how the area in green was measured. Panfil responded that staff does not have exact size of the area in green, but an estimate could be provided based on the fact that a standard outdoor parking space, per Town Code, is 19'deep by 9' wide. Gillette —Asked if the parking extends onto the other lot. Ladd confirmed. Panfil — Stated estimated that based on the standards in the Town Code, approximately three (3) additional parking spaces would fit to the east of the two (2) westernmost parking spaces. Bobby Ladd, RAL Architects, presented on behalf of the applicants. He stated that Town Code required three parking spaces for a house of the size that would be built. The applicants do not have an issue abandoning spaces for their use, but the intention is to incorporate them into parking area for the property to the north because they already exist. If the garage is pushed back to accommodate the 24' pavement to garage door requirement, there are topography issues that could cause other problems that might result in the request for additional variances. Also, the garage doors would go beyond the front setback by several feet. A potential area for a third parking spot is to the right of the proposed garage, utilizing the same curb -cut. The two (2) parking spaces reserved for the subject property could then be abandoned and landscaped. Ladd concluded by stating that the applicants believe pulling the wall forward is the best use of the area. Rediker —Asked the applicants to clarify that the area referred to as a possible third parking spot is just to the east of the proposed garage. Rediker —Asked if the neighboring property has been contacted about a modification of the easement. Ladd — There was a preliminary application years ago and the property to the north asked that their easement not go away. Rediker — Stated the neighbor would already lose parking once the gravel parking is removed and then asked if the first alternative concept which showed access to the site from the existing curb cut is feasible. Ladd —A fire hydrant would have to be relocated and a 12'- 14' tall retaining wall would have to be created based on the alternative concept. It would be a significant challenge due to the e)asting topography. Panfil then stated an additional variance would be required if there was to be a 14' retaining wall. Gillette — The easement is a private easement. The property cannot be paved unless the Town approves. Panfil — The Town does not allow for gravel or dirt driveways or parking spaces. Based on the correct contemplation in the language of the easement, the Town of Vail will require that the applicants and the adjacent neighbor to the north pave the easement area if the lot is developed. Gillette — Theoretically the existing gravel must be landscape. Panfil — It is not possible to enforce the easement agreement between the two (2) private properties. Rediker —Asked if moving the parking spots further southeast to where the red "X" is labeled on the alternative concept would require less remediation. Hopkins — Stated that pushing the building and parking back to the north would be the simplest solution. She mentioned that another issue for consideration is accommodating snow storage when plows clear the street during the winter. Ladd — The only people to enforce the applicants' requirement to pave the parking would be the neighbors. Gillette — Suggested the applicants begin to talk with the neighbor about the easement, then return to the PEC with a practical solution. Rediker — Ideally, the applicants have to have a discussion with their neighbors about the pavement requirement within the easement. Gillette — Stated the easement does not work well the way it is written. Rediker — The PEC would look favorably upon an agreement with the neighbor that the two abandoned spots would be abandoned and landscaped as the neighbors are not entitled to those two (2) parking spaces. Ladd —Asked the PEC to confirm that they prefer the applicants rewrite the easement and abandon the two (2) parking spaces. Public Comment. William Woolford — Stated he owns one (1) of the four (4) units to the north of the subject property. He stated that the owners would be very happy to collaborate with the applicants as the parking area is a major mess, particularly during the winter. He asked for a parking solution for both properties to avoid parking disasters for the adjacent property to the north. He believes meeting the requirements in the existing easement will make the situation worse. He agrees that it is the best suggestion and right idea for both parties to collaborate together. Two (2) of the units are rental units and they have a lot of cars. The units do not have designated parking, but both reserved spots on the applicants property are currently utilized. Gillette — Stated that Woolford and the applicants should meet and work out new easement language. Commissioner Comment. Stockmar — Stated that based on the Town Code, the PEC's job is not to find solution for the applicants, but for the applicants to find the solution. He suggested the item be tabled in order to give both parties time to work together while accommodating the rules. Gillette — Stated the applicants should return to the PEC once meeting with the neighbors to the north. He asked the other commissioners if they would be ready to approve the first two (2) variances if the applicants agreed to push the garage back. The consensus was that the item should be tabled to allow for discussion between the applicants and neighbors. Gillette —Asked how many units were in the building to the north and how many parking spaces are required. Woolford responded that there are four (4) units and that he generally only requires one (1) parking spaces, but the rental units require more. Kurz —Agreed with Stockmar's comments. He does not have enough information available at the moment to feel comfortable approving the three (3) variances. He expressed his hope that the applicants would table the item and return at the next meeting with solutions to the issues raised at this meeting. Perez —Agreed with Stockmar's comments. Hopkins — Stated she would like to see the applicants return with solutions to the issues raised at the meeting. Lockman — Expressed his hope that both parties can return with a solution. Rediker — Stated that he was inclined to follow Public Works recommendations, but agrees with Stockmar's comments. The curb cut variance depends on what happens with the other two spaces. He stated that from a lawyer's perspective, once the applicants develops the lot, the neighbors cannot use the two (2) westernmost parking spaces. Of the three (3) variances requested, he could not support the third variance that requested the distance from the garage doors to the edge of pavement be reduced from 24' down to 14'. Tabling the item will give the applicants more time to have conversations with the neighbors. Gillette —Asked if the existing curb cut impacted notifications for the next meeting. He wanted to know if part of the existing curb cut area was on the property to the north. Ladd — It is on both development lots Panfil — Stated that if new variances are brought forward, a new notification would be required. If not, the notification is still valid. He stated that the next PEC meeting is Monday, April 9, 2018. Brian Stockmar moved to table to April 9, 2018. Ludwig Kurz seconded the motion and it passed (7-0). 3.3. A request for a recommendation to the Vail Town Council for a prescribed 30 min. regulations amendment pursuant to Section 12-3-7 Amendment, Vail Town Code, to amend Title 12 of the Vail Town Code to add a new Chapter 27, Wireless Service Facilities, and setting forth details in regard thereto. (PEC18-0010) Applicant Town of Vail Planner: Justin Lightfield Lightfield began by distributing a confidential memo prepared by the Town Attorney. The PEC adjourned for approximately five (5) minutes to allow time to review the memo Lightfield explained that the purpose of the amendment was to align Town Code with state and federal regulations. Lightfield reviewed the recent state and federal acts governing wireless service facilities and how they impact existing Town of Vail regulations. Stockmar —Asked for clarification that both telephony and wi- fi were included in this amendment. Lightfield confirmed. Gillette —Asked what prompted the code amendment. Lightfield stated that it is based on the Town Attorney's recommendation to align the Town Code with state and federal regulations. Stockmar —Asked if the Town is currently non -conforming to state or federal regulations. Lightfield responded negative, but this amendment brings forward more specific state and federal requirements. Rediker —Asked for clarification of the language regarding substantial changes. Asked if the proposal would grant unfettered access to the construction of wireless service facilities anywhere in Town. Lightfield explained that the Town is allowing the minimum requirements per state and federal regulations. Stockmar —Asked Lightfield to confirm that the proposal meets the minimum standards for all of the state and federal requirements. Lightfield confirmed. Rediker —Asked for clarification between small wireless facilities and micro facilities. Asked if there was an appeal process available to the Town if a wireless service provider wanted to mount a facility in the public right-of-way that the Town did not agree with the proposed location. There was no public comment. Stockmar — Stated his support for the proposed amendment. Gillette — Stated his support for the proposed amendment. Kurz — Stated his support for the proposed amendment. Perez — Stated her support for the proposed amendment. Hopkins — Stated her support for the proposed amendment. Lockman — Stated his support for the proposed amendment. Rediker — Concurred with the other commissioners and stated that the state and federal government has imposed the regulations upon the Town. Brian Stockmar moved to recommend approval to the Vail Town Council Brian Gillette seconded the motion and it passed (7-0). 3.4. A request for a recommendation to the Vail Town Council, pursuant to Section 120 min. 12-3-7, Amendment, Vail Town Code, concerning an update to the 1994 Comprehensive Open Lands Plan, and setting forth details in regard thereto. (PEC 17-0049) Applicant Town of Vail, represented by Tom Braun, Braun and Associates Planner: Chris Neubecker & Kristen Bertuglia Neubecker introduced the Open Lands Plan Update (the Plan) by referencing a series of graphics that summarized the timeline of the Plan update, dating back to late 2016. Neubecker stated that the items in red te)d in the Plan update are changes that have been made since the last time the PEC reviewed the draft Plan. Stockmar —Asked if the upcoming new PEC term affects the PEC's recommendation. Neubecker responded in the negative. Neubecker referred to a change regarding Action Item 24, the addition of public comment submitted via email, and the fact that the PEC went on a site visit of all the affected parcels. Stockmar —Asked for clarification regarding Action Item 24 and if the Town Council agreed with the PEC's previous recommendation. Neubecker confirmed. Stockmar asked why the item was still in the plan. Neubecker stated that there are additional steps that can be taken on the property. Bertuglia added that as the parcel is still vacant, it qualifies for the Plan update. Stockmar encouraged the Town to consider a mechanism that would require developers to demonstrate financial feasibility when seeking approval of a project. Neubecker referenced the criteria found on pages 7 and 8 of the staff memo, and stated that staff recommends the PEC recommend approval to the Town Council. Rediker —Asked for clarification of some of the items listed on Attachment C. Neubecker and Bertuglia responded. Stockmar —Asked if Attachment C would be included within any recommendation. Neubecker confirmed. Rediker suggested that Attachment C be referred to only as the PEC's recommendations that they be incorporated, nor required to be incorporated in the Plan. Neubecker then introduced Tom Braun, Braun Associates, Inc., a consultant on the Plan update. Braun referenced a PowerPoint presentation that covered the following topics: a review of the 1994 Comprehensive Open Lands Plan; an overview of the Plan update process; and the goals of the Plan update, which pertain to environmentally sensitive land, Town -owned lands, trails, and the Action Plan and I mplementation Steps. I n total, there are 28 Action Items in the Plan update. Braun discussed the specific Plan goals (environmentally sensitive land, Town -owned lands, and trails) and the associated Action Items in greater detail. Chapter 6, Implementation Steps, consolidates the Action Items into an easier to follow path forward. Lockman —Asked for clarification of the trails matrix referenced by Tom Braun. Braun stated that it is on page 33 of the Plan update. Lockman asked for more details regarding the future evaluation of trails. Braun stated that is not part of the scope of the Plan update, but if adopted, the Town Council would direct staff to begin developing trail evaluation criteria. Chairman Rediker opened the item for public comment Anne Esson — Stated that she had four (4) points she wanted to make. First, the executive summary should include a statement that no trail shall be approved that negatively impacts the environment. She suggested additional wildlife forums and presentations by environmental scientists. Second, any extension to the Vail Trail will have a negative impact on wildlife. She recommends that the entire Vail Trail extension be removed from the conceptual plan. Third, if the PEC will not recommend the elimination of the Vail Trail, the trail should terminate further west than proposed in order to protect nesting Peregrine Falcons. Fourth, she recommended re -wording certain items on page 36 regarding Peregrine Falcons. Finally, she requested that the PEC not forward a recommendation to the Town Council until June or J uly. Blondie Vucich — Read a prepared statement. She stated that while this draft is an improvement, there are still changes needed. She recommended the following three (3) items: 1.) remove the proposed Vail Trail extension due to its adverse impact on wildlife; 2.) all trails developed on Town of Vail land exempt from NEPA or USFS review should still be reviewed by the Colorado Department of Parks and Wildlife; and 3.) the draft Plan update should include a summary of the information provided at the Wildlife Forum. Bill Andree, Department of Parks and Wildlife, cautioned people regarding the idea that mitigation measures could prevent the loss of Peregrine Falcons were a trail to be developed near their nesting area. Rediker —Asked Andree if he has reviewed the Plan draft and if he does in fact recommend the Vail Trail extension be removed from the trails concept plan. Andree affirmed both questions. Andree cited multiple studies from Australia pertaining to Peregrine Falcon behavior. Gillette —Asked if there was a social trail near the Peregrine Falcon nesting area. Andree could not confirm, but stated that it was quite probably there was a social trail in the area. Gillette asked if the social trail, if existing, should be closed. Andree affirmed. Rediker —Asked if the caveat within the executive summary regarding no trails adversely impacting wildlife, if any of the other new suggested trails should be eliminated from the concept trails plan. Andree stated that while there are some proposed trails that they are not satisfied with as proposed, there were none he would recommend be immediately eliminated. Hopkins —Asked for clarification regarding a statement by Andree regarding trail buffers. Tom Vucich —Agreed that the current Plan draft is an improvement, but requests that the Vail Trail extension be removed from the concept trails plan. He is skeptical that Colorado Parks and Wildlife' opinion will be given serious consideration by the Town. He requested that minutes from the Wildlife Forum and a meeting in Tom Braun's office in February be included in the Plan document. He wants the Town to value place over human wants and needs. Diane Donovan — Expressed her interest in wildlife preservation. She encouraged the PEC to consider the statement and requests made by Blondie and Tom Vucich. She recommends that the title be changed to, "The 2018 Update to the Town of Vail Comprehensive Open Lands Plan of 1994." She would like the plans integrated into each other, rather than adopt a whole new plan. Open space as a visual buffer is barely mentioned in the Plan draft. She cited other examples in the 1994 Plan that are not included in the Plan update draft. She asked if the Town can afford to build more trails, especially trails outside of Town boundaries. She stated that there is a new children -oriented trail in Minturn that should fulfill the need for any beginner -level or children - oriented in the Town. She does not believe parallel trails contribute to sustainability. She quoted a Colorado Parks and Wildlife brochure that discussed the adverse impacts of outdoor recreation on wildlife. She expressed her belief that there should have been a citizen task force that would attend every meeting regarding the Plan. Public comment was closed and the commissioners were allowed to ask any additional questions of Town staff or Tom Braun. Lockman —Asked for clarification of the implementation items. Neubecker stated that the implementation steps would be taken directly from throughout the plan, but formatted in a single chart or matrix for more thorough evaluation. Lockman stated that it would have been helpful if an implementation matrix been included in the draft Plan. Braun explained the implementation steps as a tabular form of the narrative of the Plan. Rediker —Asked for clarification as to the current status of the Designated Open Space Board. Neubecker is unsure as to when the last time the board met, but they would be encouraged to meet more often to discuss the potential for more properties to be classified as Designated Open Space. Perez and Rediker suggested more information be provided regarding conservation easements and the Designated Open Space Board. Rediker expressed his concern regarding language within the conservation easements section on page 10 that states conservation easements "are considered unchangeable." Braun explained that it is possible for a conservation trust and a public owner to agree to amend a conversation easement. Rediker continued by expressing his concern regarding the statement on page 13 regarding value being a key question regarding conservation easements. Braun agreed to strike the comment. Rediker stated his belief that the discussion regarding conservation easements is skewed in favor of their use and believes that the negative consequences of conservation easements should be included in the Plan. Rediker asked what studies or information was reviewed by staff in regards to the establishment of conservation easements on municipally -owned property. Bertuglia stated the east Vail waterfall conservation easement as an example. Greg Hall, Director of Public Works, stated his belief that a private property owned placed the conservation easement on the property before dedicated to the Town. Braun stated that the Plan does suggest the establishment of a task force to review the use of conservation easements. Gillette suggested that the language be modified to require conservation easements be reviewed similar to the review of classifying properties as Designated Open Space. Hopkins —Asked for clarification as to why the Vail Trail extension is proposed. Braun stated that there may still be options available that will not negatively impact wildlife. The idea is that until the proposed trail is reviewed in detail, using criteria as proposed to be developed by the Plan, it should not be eliminated. Rediker asked how close the parallel trails may be. Braun stated that such details have yet to be decided because they would require extensive review. Rediker asked if there was expression of support for the Vail Trail extension throughout the update process. Braun stated that there were residents that expressed a specific interest in soft surface trails. Perez —Asked if Braun was open to the request to include minutes from the Wildlife Forum in the Plan. Braun stated that he would not oppose including a summary of the Wildlife Forum in the document. Bertuglia suggested that it would be difficult to provide exact minutes, but an extended summary could be provided. Rediker — Identified a typo on page 20 regarding the capitalization of Vail. He stated the language regarding adverse impacts of trails in the executive summary is vague as it seems impossible to prevent any impact in the development of a trail. Gillette suggested the term significant replace the term adverse. Neubecker asked for specific comments regarding Attachment C. He stated that Attachment C would serve as a guide to the changes that should be incorporated into the Plan, not a part of the Plan itself. The commissioners reviewed each item of Attachment C to determine their recommendation. Perez — Stated that she does not believe the item is ready for a recommendation from the PEC. Stockmar stated that while the Plan has improved, he concurred with Perez. Neubecker encouraged the PEC to take a recommendation vote. Stockmar stated that he is not comfortable making a recommendation vote at this meeting. Neubecker asked for specific items that are not ready for a recommendation vote. Rediker — Stated that this is the fourth time this item has been reviewed and believes a vote at this meeting is possible. He believes that the PEC has not provided enough specific changes to staff that will significantly alter the Plan. Gillette concurred that he thought it was possible to take a recommendation vote at this meeting. Kurz —Agreed that the outstanding issues can be resolved and a recommendation vote can be made. Stockmar — Stated that taking a vote at this meeting would send a mixed message to the Town Council. He feels there is a lot of significant information included in Attachment C that is not yet in the Plan. He stated that he may be comfortable with a recommendation vote if there is an agreement on the Vail Trail extension being eliminated from the concept trails plan. A lengthy discussion occurred regarding whether or not the item was ready for a recommendation vote. The commission attempted to address each item of Attachment C. Clarification of Language Section #1: 1 n favor. #2: 1 n favor. #3: Not in favor. #4: 1 n favor. #5: 1 n favor. #6: Not in favor — remove typo. #7: 1 n favor. Is a Separate Definitions Section Required? Yes I mplementation Actions? Yes I nvolve Department of Parks and Wildlife if a trail is entirely within the Town? Bertuglia — Recommendation or caveat included in the trail language. Rediker — Is this a mandatory condition? Gillette— Does Colorado Parks and Wildlife have the jurisdiction to approve it? Colorado Parks and Wildlife should be consulted, but they do not grant approval. Kurz does not believe Colorado Parks and Wildlife should have the ability to control what occurs within Town boundaries. It was agreed Colorado Parks and Wildlife should be consulted, but not have approval power. The proposed Vail Trail extension was discussed at length. It was agreed that the extension should be kept in the Plan for consideration. Rediker —Asked commissioners to provide direction to staff on suggested changes for the Plan. Lockman — The caveat language on page 4 of the executive summary regarding adverse impacts should be altered for better clarity. A majority of the commissioners agreed. Gillette — Stated he wants better language regarding conservation easements and the ability to use the Open Lands definition on more parcels within the Town. Rediker — Suggested changes to remove the term "potential detriment" and simply state, "detriment" on page 13. Perez — The term "conservation easement" is not defined anywhere in the document and should be included in the definitions section. Braun asked if the first sentence in the paragraph in question was not a definition. Perez responded in the negative. Rediker — Reiterated that the negative consequences of conservation easements be discussed in greater detail within the text on page 10. A lengthy discussion was help regarding the trails section of the Plan. Hopkins stated that she preferred the East Water Tank Trail be removed from the concept trails plan. Braun suggested a modification to the language that would maintain the existing width and character of the existing trail. Hopkins affirmed that she would be accepting of the proposed modifications. Perez —Asked if language should be added that required two (2) miles of social trails be removed for every one (1) mile of newly established trails. She also suggested language be added to make it clear that Action Items are suggestions, not requirements. She added that the minutes of the Wildlife Forum should be added. Hopkins —Asked for a quote from Bill Andree be included in the Plan. Rediker — Reiterated his belief that the item is ready to be sent to Town Council. Kurz concurred. Lockman — Stated that the wildlife education is a great component of the Plan. Hopkins — Believes the wildlife studies have had a significant impact on the Plan. Gillette — Supports the Plan and is ready to vote based on the recommendations made at this meeting. Stockmar — Would be more comfortable with one (1) more review of the Plan based on the changes suggested at this meeting. Rediker — Stated that Tom Braun and staff did a good job putting together the Plan and he feels the public comment was valuable to making the Plan what it is. He does not believe the fact that new PEC terms start at the next meeting should affect the decision to make a recommendation vote or not. Braun — Stated what is most important to him is unanimous support from the PEC. John -Ryan Lockman moved to table to April 23, 2018. Brian Stockmar seconded the motion and it passed (4-3). Ayes: (4) Hopkins, Lockman, Perez, Stockmar Nays: (3) Rediker, Gillette, Kurz 3.5. A report to the Planning and Environmental Commission on the 10 min. Administrator's approval of an amendment to an existing Conditional Use Permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for a steel -frame tensile fabric shelter at the softball fields spectator plaza area, located at 580 South Frontage Road East (Ford Park)/U n platted, and setting forth details in regard thereto. (PEC17-0032) Applicant Town of Vail Planner: Jonathan Spence Todd Oppenheimer, Public Works, described the proposed structure. The structure would be permanent and match the architecture of the other building located near the softball fields. Stockmar — Asked what material the roof would be. Oppenheimer stated that it would be a live roof. Gillette —Asked if the proposal was included in the Ford Park Master Plan. Oppenheimer responded that it was not prohibited by the plan. Lockman — Asked about the performance of other live roofs used in Town. Oppenheimer stated that they have worked well. 3.6. A request for review of a Major Amendment to Special Development District 5 min. (SDD) No. 6, Vail Village Inn, Phases I and 11, pursuant to Section 12-9A- 10, Amendment Procedures, Vail Town Code, to allow for modifications to the approved development plans in order to permit building additions, an outdoor patio and associated landscape improvements located at 100 East Meadow Drive Unit 15/Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC18-0011) Due to a significant reduction in project scope, this project is being re - advertised and re -noticed as a Minor Amendment. As a result, this item will be heard as a report to the Planning and Envornmental Commission on April 9, 2018. Applicant:Gatto Pardo Bianco LLC, represented by Steven James Riden AIA Architect Planner: Jonathan Spence Brian Gillette moved to table to April 9, 2018. John -Ryan Lockman seconded the motion and it passed (7-0). 3.7. A request for the review of a variance from Section 12-6D-6, Setbacks, Vail 5 min. Town Code, in accordance with the provisions of Section 12-17-1, Variances, Vail Town Code, to allow for a variance to a side setback, located at 1200 Ptarmigan Road, Unit A/ Lot 1, Block 8, Vail Village Filing 7, and setting forth details in regard thereto. (PEC17-0047) Applicant:Eileen Hyatt, represented by RKD Architects Planner: Matt Panfil Brian Gillette moved to table to April 23, 2018. Brian Stockmar seconded the motion and it passed (7-0). 3.8. A request for a review of a prescribed regulations amendment to Section 14- 5 min. 10-6, Residential Development, Vail Town Code, to allow the Design Review Board (DRB) to apply different design review standards in situations when two-family dwellings appear as separate and distinct development lots, and setting forth details in regard thereto. (PEC18-0005) Applicant requests PEC table to May 14, 2018. ApplicantArosa Partners LLC, represented by Brad Hagedorn Planner: Justin Lightfield Karen Perez moved to table to May 14, 2018. Ludwig Kurz seconded the motion and it passed (7-0). 4. Approval of Minutes 4.1. March 12, 2018 PEC Results 5. Adjournment The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department [E City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: March 26, 2018 ITEM/TOPIC: Map of Site Visits ATTACHMENTS: File Name PEC 032618 Site Visits West Vaii.pdf PEC 032618 Site Visits Main Vaii.pdf PEC 032618 Site Visits East Vail.pd Description Site Visits - West Vail Site Visits - Main Vail Site Visits - East Vail PEC 3/26/18 Site Visits Wed Mar 21 2018 11:30:31 AM. PEC 3/26/18 Site Visits Wed Mar 21 2018 11:31:24 AM. PEC 3/26/18 Site Visits Wed Mar 21 2018 11:33:21 AM. City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: March 26, 2018 ITEM/TOPIC: A request forth e review of the following two (2) variances: 1.) a variance from Section 11 -6 -3 -A -1-a, Business Identification Signs, Number, Vail Town Code, to allow for more than one (1) business identification sign; and 2.) a variance from Section 11 -6 -3 -A -1-b, Business Identification Signs, Area, Vail Town Code, to allow for a business identification sign greater than six (6) square feet in area, in accordance with the provisions of Section 11-10-1, Variances and Appeals, Vail Town Code, located at 231 East Meadow Drive (Colorado Snowsports Museum)/Tract B & C, Vail Village Filing 1, and setting forth details in regard thereto. (PEC18-0004) ATTACHMENTS: File Name 4 y, Fill 9r1i7i , mz Description Staff Memo to PEC Attachment A - Vicinity Map Attachments B & C - Project Narrative, Site Photos, and Previously Submitted Sign Plans Attachment D - Revised Sign Plans uffiml idr-_rTI• .,=11 TO: Planning and Environmental Commission FROM: Community Development Department DATE: March 26, 2018 SUBJECT: A request for the review of the following two (2) variances: 1.) a variance from Section 11 -6 -3 -A -1-a, Business Identification Signs, Number, Vail Town Code, to allow for more than one (1) business identification sign; and 2.) a variance from Section 11 -6 -3 -A -1-b, Business Identification Signs, Area, Vail Town Code, to allow for a business identification sign greater than six (6) square feet in area, in accordance with the provisions of Section 111-10-1, Variances, Vail Town Code, located at 231 East Meadow Drive (Colorado Snowsports Museum and Hall of Fame)/Tract B & C, Vail Village Filing 1, and setting forth details in regard thereto. (PEC18-0004) Applicant: Colorado Snowsports Museum and Hall of Fame Planner: Matt Panfil I. SUMMARY The applicant, the Colorado Snowsports Museum and Hall of Fame, is requesting the following two (2) variances: 1.) a variance from Section 11 -6 -3 -A -1-a, Business Identification Signs, Number, Vail Town Code, to allow for more than one (1) business identification sign; and 2.) a variance from Section 11 -6 -3 -A -1-b, Business Identification Signs, Area, Vail Town Code, to allow for a business identification sign greater than six (6) square feet in area, in accordance with the provisions of Section 11-10-1, Variances, Vail Town Code, located at 231 East Meadow Drive (Colorado Snowsports Museum and Hall of Fame) / Tract B & C, Vail Village Filing 1. This item was first heard by the Planning and Environmental Commission (PEC) on March 12, 2018. In order to allow the applicant time to respond to comments from the Commissioners, the item was continued to the March 26, 2018 PEC meeting. The Commissioners' comments were generally related to the following: • Overall size and width of the proposed, "Museum" sign; 0 Requests for the sizes of other signs in the immediate area; and • Requests for alternative signage plans. In response to the Commissioners' comments, the applicant submitted revised signage plans to staff on March 15, 2018 (Attachment D). Based upon staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with one condition, of this application, subject to the findings noted in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST Previous Request The applicant, the Colorado Snowsports Museum and Hall of Fame (Museum) initially requested two (2) sign variances. The first variance request was to allow for two (2) business identification signs where only one (1) is permitted by Vail Town Code. The second variance request was to allow the proposed wall -mounted sign to be ten and one-half (10.5) square feet in area where six (6) square feet is the maximum permitted by Vail Town Code. The sign proposed for the crossbar of the gable above the Museum entrance was approximately one and seven -tenths (1.7) square feet in area. Therefore, the total signage area proposed for the Museum was twelve and two-tenths (12.2) square feet. Current Request The revised signage plans (Attachment D) depict one (1) 8.7 square foot sign centered above the window east of the new entrance doors (see below). Town of Vail Page 2 Based on the revised signage plans, the applicant requests one (1) sign variance, from Section 11 -6 -3 -A -1-b, Business Identification Signs Area, Vail Town Code, to allow for a business identification sign greater than six (6) square feet in area, in accordance with the provisions of Section 11-10-1, Variances, Vail Town Code, located at 231 East Meadow Drive/Tract B & C, Vail Village Filing 1. The request for a second sign has been removed from this application. A vicinity map (Attachment A), project narrative (Attachment B), site photos and original proposed signage renderings (Attachment C), and revised signage renderings (Attachment D) are attached for review. III. BACKGROUND The Vail Transportation Center, constructed in 1976, is the primary public parking area for Vail Village. The property also serves as the central hub of public transportation, serving local, regional, and Greyhound buses as well as serving as a central location for taxis. In addition to the Museum, other businesses contained within the Vail Transportation Center include: the Vail Village Welcome Center, Town of Vail's Transportation Operations Office, La Cantina Restaurant, and the HUB Center (a central location for many local communications providers, as well as local DAS — Distributed Antenna System). On February 2, 2016, the Museum received approval from the Town of Vail Design Review Board (DRB) for the renovation of the Museum (DRB160005). Subsequent changes to DRB160005 were approved on March 15, 2017 (DRB17-0080). The intent of the renovation was to improve guest access to and visibility of the Museum. Internal space was reconfigured for an uninterrupted flow through an expanded and modernized exhibit area. The Museum entrance was aligned with the Vail Transportation Center's primary stairway and a gabled roof entrance was created. In regards to allowable signage, the Vail Town Code divides the town into three (3) districts: 1. Sign District 1 (SD 1): All of Vail except for property zoned ABD and CC3; 2. Sign District 2 (SD 2): All property zoned ABD and CC3 (West Vail and Cascade Crossing); and 3. Sign District 3 (SD 3): West Vail Interchange (CDOR right-of-way). The Museum is located within Sign District 1 (SD 1). A vast majority of commercial properties located in SD 1 are found either in Vail Village or Lionshead Village. As such, the sign regulations are predicated on a pedestrian -scaled environment where most signs are viewed from a relatively short distance. Town of Vail Page 3 Due to the Museum's unique location on the third floor of the Vail Transportation Center's south facade, the Museum entrance is setback approximately 42 feet horizontally and three stories vertically from the edge of the pavement of East Meadow Drive. Despite the efforts to create a well-defined Museum entrance through architectural design, the applicant suggests that the location (distance from street as well as height above the street) renders a sign six (6) square feet in area inadequate for visibility and legibility by pedestrians on East Meadow Drive and renders the sign substantially ineffective. IV. APPLICABLE PLANNING DOCUMENTS Staff finds the following provisions of the Vail Town Code relevant to the review of this proposal: Title 11 — Sign Regulations, Vail Town Code Chapter 1: Description, Purpose, and Applicability (in part) 11-1-2: PURPOSE: A. General Purpose: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town of Vail and to promote the coordinated and harmonious design and placement of signs in the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of the highest quality. B. Specific Purpose: These regulations are intended to achieve the following specific purposes: 1. To describe and enable the fair and consistent enforcement of signs in the town of Vail. 2. To encourage the establishment of well designed, creative signs that enhance the unique character of Vail's village atmosphere. 3. To preserve a successful and high quality business environment that is aided by signs that identify, direct, and inform. 4. To aid in providing for the growth of an orderly, safe, beautiful, and viable community. Town of Vail Page 4 Chapter 2: Definitions (in part) 11-2-1: DEFINITIONS ENUMERATED- BUSINESS NUMERATED: BUSINESS SIGN: Any sign that displays the name of the business upon which site it is located including any graphics and language that represent the building. FIRST FLOOR OR STREET LEVEL: For the purposes of calculating allowable sign area, first floor or street level shall be any floor, or portion of any floor, of a structure located at or nearest to (either above or below) the level of the adjacent vehicular or pedestrian way, as determined by the administrator. More than one floor, or portion of floors, may be defined as first floor or street level within a single structure. WALL SIGN: A sign that is attached to, painted onto, or erected upon the wall of a building or structure, with the exposed face of the sign in a plane parallel to the face of the wall. Chapter 5: Design Guidelines and Standards, Sign Measurement (in part) 11-5-4: SIGN MEASUREMENT. A. Single Faced Signs: Single faced signs (i.e. awning signs, wall signs) shall be measured by up to two (2) imaginary polygons enclosing all letters, graphics and sign base material, including framing, not integrated into the architecture of the building. Chapter 6: Business and Identification Signs (in part) 11-6-1: PURPOSE AND DESCRIPTION: Business and building identification signs are meant to identify and inform through the display of the business and/or building name and any graphic symbols or language pertinent to the advertised enterprise. This chapter covers all of the technical information related to business and building identification signs. All business and building identification signs shall comply with the standards outlined in the chapter and shall be subject to design review. 11-6-2: SIGN DISTRICTS: A. Sign district 1 (SD 1): All of Vail except for property zoned ABD and CC3. Town of Vail Page 5 11-6-3: BUSINESS SIGNS: A. Business Identification Signs 1. Business identification signs in sign district 1 (SD 1): a. Number. Each business shall be allowed one business identification sign per public entrance. b. Area: The allowable area of each business identification sign shall be up to six (6) square feet. At the discretion of the design review board, a business identification sign for a bowling alley or movie theater maybe up to fifteen (15) square feet in area, subject to the applicant demonstrating that the sign area is harmonious with the scale and architectural character of the subject business and the building in which it is located. Chapter 10: Variances and Appeals (in part) 11-10-1: VARIANCES: A. Purpose: A variance from the sign regulations constitutes relief from the strict interpretation of the standards and may be granted by the planning and environmental commission (PEC) in cases where there exists a physical limitation that prevents the existence, placement, or operation of a sign in compliance with the standards of this title. B. Application Procedure: An application for a variance from the sign regulations may be obtained from the community development department. The variance application must include a sign permit application, the applicant's reasons for requesting a variance, and a nonrefundable fee determined by the town council as set forth by town ordinances. The staff shall set a date for a hearing before the planning and environmental commission once the complete application has been received. C. Criteria For Approval: 1. Special circumstances or conditions must exist that apply to the land, buildings, topography, vegetation, sign structures, or other matters on adjacent lots or within the adjacent right of way, that would substantially restrict the effectiveness of the sign in question. However, such circumstances must be unique to the subject site. 2. The applicant shall not have created the circumstances that have necessitated the variance request. Town of Vail Page 6 3. The applicant must demonstrate that the granting of the variance will be in general harmony with the purposes of this title. V. ZONING AND SITE ANALYSIS Address: Legal Description: Zoning: Land Use Plan Designations: Current Land Use: Geological Hazards: View Corridor: 231 South Frontage Road East Vail Village Filing 1, Tract B & C General Use (GU) Village Master Plan Transportation Center with Accessory Uses None View Corridor#1, Non -Impacting VI. SURROUNDING LAND USES AND ZONING The review criteria for a variance request are prescribed in Title 11, Chapter 10, Variances and Appeals, Vail Town Code, and are as follows. The applicant must demonstrate that all three of these criteria are met: 1. Special circumstances or conditions must exist that apply to the land, buildings, topography, vegetation, sign structures, or other matters on adjacent lots or within the adjacent right of way, that would substantially restrict the effectiveness of the sign in question. However, such circumstances must be unique to the subject site. In order for the Planning and Environmental Commission to grant a sign variance, there must be a finding that a unique physical limitation exists that prevents the area of a sign from complying with the standards of Title 11, Sign Regulations, Vail Town Code. In contrast to most properties and buildings located within Sign District 1 (SD 1), the Vail Transportation Center is a large development lot with the Museum entrance setback considerably from the East Meadow Drive right-of-way. Staff finds that special circumstances exist, namely the horizontal and vertical distance of the signage to pedestrians on East Meadow Drive, that warrant relief from the provisions of the sign regulations. As proposed, the size of the sign increases the overall Town of Vail Page 7 Existing Land Use: Zoning District: North: Frontage Road / 1-70 N/A South: Village Master Plan Outdoor Recreation & Public Accommodation East: Village Master Plan High Density Multiple -Family West: Village Master Plan Commercial Service Center VII. REVIEW CRITERIA The review criteria for a variance request are prescribed in Title 11, Chapter 10, Variances and Appeals, Vail Town Code, and are as follows. The applicant must demonstrate that all three of these criteria are met: 1. Special circumstances or conditions must exist that apply to the land, buildings, topography, vegetation, sign structures, or other matters on adjacent lots or within the adjacent right of way, that would substantially restrict the effectiveness of the sign in question. However, such circumstances must be unique to the subject site. In order for the Planning and Environmental Commission to grant a sign variance, there must be a finding that a unique physical limitation exists that prevents the area of a sign from complying with the standards of Title 11, Sign Regulations, Vail Town Code. In contrast to most properties and buildings located within Sign District 1 (SD 1), the Vail Transportation Center is a large development lot with the Museum entrance setback considerably from the East Meadow Drive right-of-way. Staff finds that special circumstances exist, namely the horizontal and vertical distance of the signage to pedestrians on East Meadow Drive, that warrant relief from the provisions of the sign regulations. As proposed, the size of the sign increases the overall Town of Vail Page 7 visibility of the Museum and provides legible copy for pedestrians at both the third floor level and on East Meadow Drive. Staff finds the proposed variance meets this criterion. 2. The applicant shall not have created the circumstances that have necessitated the variance request. The circumstances necessitating the variance request is due to the overall design and functional layout of the Vail Transportation Center. Sign District 1 (SD 1) is intended for the pedestrian -oriented Vail Village and Lionshead Village and does not consider this type of use or building design. The applicant did not create the circumstances that necessitate the requested variance. Staff finds the proposed variance meets this criterion. 3. The applicant must demonstrate that the granting of the variance will be in general harmony with the purposes of this title. The granting of the requested variance is in general harmony with the general or specific purposes of Title 11, Sign Regulations, Vail Town Code. Specifically, the approval of the proposed sign would be consistent with promoting the health, safety, morals, and general welfare of the Town of Vail by informing residents and guests to the location and operation of the Museum. Staff finds the proposed variance meets this criterion. VIII. STAFF RECOMMENDATION Based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with one condition, of a variance from Section 11 -6 -3 -A -1-b, Business Identification Signs, Area, Vail Town Code, to allow for a business identification sign greater than six (6) square feet in area, in accordance with the provisions of Section 11-10-1, Variances and Appeals, Vail Town Code, located at 231 East Meadow Drive (Colorado Snowsports Museum and Hall of Fame)/Tract B & C, Vail Village Filing 1, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to approve, with one condition, this variance request, the Community Development Department recommends the Planning and Environmental Commission pass the following motion: Town of Vail Page 8 "The Planning and Environmental Commission approves, with one condition, the applicant's request for a variance from Section 11 -6 -3 -A -1-b, Business Identification Signs, Area, Vail Town Code, to allow for a business identification sign greater than six (6) square feet in area, in accordance with the provisions of Section 11-10-1, Variances and Appeals, Vail Town Code, located at 231 East Meadow Drive (Colorado Snowsports Museum and Hall of Fame)/Tract B & C, Vail Village Filing 1, and setting forth details in regard thereto. Condition: 1. Approval of this sign variance is contingent upon the applicant obtaining Town of Vail approval of an associated design review application." Should the Planning and Environmental Commission choose to approve, with one condition, this sign variance request, the Community Development Departments recommends the Planning and Environmental Commission makes the following findings: 'Based upon a review of Section VII of the March 12, 2018 staff memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Planning and Environmental Commission finds: Special circumstances or conditions exist that apply to the land, buildings, topography, vegetation, sign structures, or other matters on adjacent lots or within the adjacent right of way, that would substantially restrict the effectiveness of the sign in question,- 2. uestion, 2. The applicant has not created the circumstances that have necessitated the variance request, and 3. The applicant has demonstrated that the granting of the variance will be in general harmony with the purposes of this title." IX. ATTACHMENTS A. Vicinity Map B. Project Narrative C. Site Photos and Rendering of Proposed Signage D. Revised Signage Renderings Town of Vail Page 9 February 1, 2018 Town of Vail Planning and Environmental Commission 75 Frontage Road W Vail, CO 81657 Planning Commission and Planning Department Staff, On behalf of the Colorado Snowsports Museum and Hall of Fame's Board of Directors, I am submitting the following sign variance request for your review. The Museum's transformation is nearly complete, thus finalizing the cohesive and modernized facelift of the Vail Village Parking Structure. The vastly improved Museum will most certainly enhance the off -mountain and/or indoor amenities and experiences that both skiing and non -skiing guests are actively seeking in the commercial core of Vail Village. The new Museum will also provide a positive economic impact on Vail, as our visitors tend to linger and experience the entire village. In order to improve the "out of sight, out of mind" and "Vail's best kept secret" reputation, the Museum created a more visible presence in Vail Village by moving our main entrance to align with the central staircase of the Vail Parking Structure, adding a gabled roof above the new electronic doors. Despite these efforts, the Museum still lacks the visibility it deserves, as it is located on the 3rd level of the parking structure. The signage allowed by code is 6 square feet, which is not adequate in order to be seen from the ground level of the Vail Parking Structure, We are therefore requesting a signage variance, an increase of an additional 6 square feet, to, provide adequate visibility for the Museum. The proposed sign incorporates the window trim color of the museum and the Vail Welcome Center, situated directly above the museum. We are looking forward to your approval as the final step in the Museum's long-awaited transformation. Sincerely, ic Susie Tjossem Executive Director Colorado Snowsports Museum and Hall of Fame 231 S. Frontage Road East Vail, CO 81657 Gi am" mmuuumomuwwo 1(/ ii i' %i tp� i i N IIII 0 ....................... 9 .................... ^ �' r (r s M rm ice' I�N� u' Vm c� z 12.1 ', 1 Hill 'tot o d li 1115011 m City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: March 26, 2018 ITEM/TOPIC: A request for the review of the following three (3) variances: 1.) a variance from Section 12-21-12, Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, to allow for more than ten percent (10%) of the total site area to be covered by driveways and surface parking; 2.) a variance from Section 14-3-1, Minimum Standards, Vail Town Code, to allow for more than one (1) curb cut per unit; and 3.) a variance from Section 14-3-1, Minimum Standards, Vail Town Code, to allow for a minimum horizontal clearance between a garage door (parallel to road) to edge of public street pavement of less than 24 feet, located at 2841 Basingdale Boulevard/Lot 3, Block 8, Vail Intermountain Development Subdivision, and setting forth details in regard thereto. (PEC18-0012) ATTACHMENTS: File Name PEC18-0012 Staff Mej o df Description Staff Memo to PEC Attachment A - VicinityMap. Attachment A - Vicinity Map Attachment B - ADDlicants Responses to Variance Criteria.pdf Attachment B - Responses to Variance Criteria Attachment C - Topographic Survey.pdf Attachment C - Topographic Survey Attachment D - Concept Site Plan.pdf Attachment D - Concept Site Plan Attachment E - Parking and Access Easement Deed.pdf Attachment E - Easement Deed TO: Planning and Environmental Commission FROM: Community Development Department DATE: March 26, 2018 SUBJECT: A request for the review of the following three (3) variances: 1.) a variance from Section 12-21-12, Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, to allow for more than ten percent (10%) of the total site area to be covered by driveways and surface parking; 2.) a variance from Section 14-3-1, Minimum Standards, Vail Town Code, to allow for more than one (1) curb cut per unit; and 3.) a variance from Section 14-3-1, Minimum Standards, Vail Town Code, to allow for a minimal horizontal clearance between a garage door (parallel to road) to edge of public street pavement of less than 24 feet, located at 2841 Basingdale Boulevard/Lot 3, Block 8, Vail Intermountain Development Subdivision, and setting forth details in regard thereto. (PEC18-0012) Applicants: Michael & Yoshimi Moore, represented by RAL Architects, Inc. Planner: Matt Panfil I. SUMMARY The applicants, Michael and Yoshimi Moore, represented by RAL Architects, Inc., are requesting the review of three (3) separate variances for the property located at 2841 Basingdale Boulevard / Lot 3, Block 8, Vail Intermountain Development Subdivision: A variance from Section 12-21-12, Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, to allow for more than ten percent (10%) of the total site area to be covered by driveways and surface parking; 2. A variance from Section 14-3-1, Minimum Standards, Vail Town Code, to allow for two (2) curb cuts per unit where only (1) curb cut per unit is allowed; and 3. A variance from Section 14-3-1. Minimum Standards, Vail Town Code, to allow for a minimal horizontal clearance between a garage door (parallel to road) to edge of a public street pavement of less than 24 feet. Based upon staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval in part (Variance 1 and Variance 2, but not Variance 3), with conditions, of this application, subject to the findings noticed in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The applicants, Michael and Yoshimi Moore, represented by RAL Architects, Inc., are requesting the review of three (3) separate variances in order to facilitate a new single- family residence on the subject property. Please note that the applicants have only provided a concept site plan due to the fact that the design of the single-family residence will be strongly influenced by whether or not the requested variances are granted. Based on its small size, unique shape, and an existing parking easement at the east end of the property, the applicants are aware that the concept site plan, as proposed, requires the following three (3) variances: 1. A variance from Section 12-21-12, Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, to allow for more than ten percent (10%) of the total site area to be covered by driveways and surface parking; 2. A variance from Section 14-3-1, Minimum Standards, Vail Town Code, to allow for two (2) curb cuts per unit where only (1) curb cut per unit is allowed; and 3. A variance from Section 14-3-1. Minimum Standards, Vail Town Code, to allow for a minimum horizontal clearance between a garage door (parallel to road) to edge of a public street pavement of less than 24 feet. Because there are three (3) variances, careful consideration should be given as to how the approval or denial of each variance will affect the other two (2) variances. A vicinity map (Attachment A), applicants' responses to variance criteria (Attachment B), topographic survey (Attachment C), a concept site plan (Attachment D), and an easement deed between the subject property and the property adjacent to the north (Attachment E, discussed in greater detail in Section III below) are attached for review. III. BACKGROUND Based on staff's research, the subject property has been historically vacant. The specific boundaries of the development lot were established with the recording of Vail Intermountain Development Subdivision on September 2, 1971 (Reception No. 117228). Town of Vail Page 2 On May 30, 1984, the Design Review Board (DRB) approved a duplex on the subject property. However, the duplex was never constructed. The approved duplex had a total of approximately 1,775 square feet of GRFA (code -compliant based on the GRFA calculation methods in place at the time). The primary unit had approximately 1,184 square feet of GRFA, and the secondary unit had 591 square feet of GRFA. The proposed duplex was also compliant with the maximum site coverage and minimum landscaping requirements. On May 6, 1993, an easement (Attachment E) was recorded with the Eagle County Clerk and Recorder, which created an easement between the owner of the subject property / grantor (Lot 3, Block 8, Vail Intermountain Development Subdivision) and the adjacent property owner / grantee to the north (Lot 2, Block 8, Vail Intermountain Development Subdivision). The document created, "a perpetual non-exclusive parking and access easement, for joint use of a parking area in existence on the easterly portion of Lot 3." The grantor of the easement reserved, "the sole and exclusive right to designate two parking spaces within the parking area for the exclusive use and control of the owner of Lot 3." Specifically, parking spaces were, "to be located on the westerly portion of the parking and access easement, and shall be of an area sufficient to comply with the Town of Vail parking requirements." Therefore, the applicants are entitled to the two (2) parking spaces identified on Attachment D. Acceptance of the easement by Lot 2 to the north included a condition stating: It is contemplated that in connection with the construction of a residence on Lot 3, the Town of Vail will require the entire parking and access easement to be paved. Grantor, his heirs, successors, and/or assigns shall pay the entire cost of paving the two reserved parking spaces, Grantee, its successors and assigns, shall pay the entire cost of paving the remainder of the parking and access easement. It is important to note that the size of the entire parking and access easement area that would be required to be paved is approximately 872 square feet. This means that the subject property would already exceed the maximum paving requirements of Section 12-21-12-1-E by 106 square feet (10% of 7,662.2 square feet = 766 square feet). In effect, the language of the easement requires the establishment of a nonconforming site. IV. APPLICABLE PLANNING DOCUMENTS Staff finds that the following provisions of the Vail Town Code are relevant to the review of this proposal: Town of Vail Page 3 Title 12 — Zoning Regulations, Vail Town Code Chapter 6, Article D, Two -Family Primary/Secondary Residential (PS) District (in part) 12-6D-1: PURPOSE: The two-family primary/secondary residential district is intended to provide sites for single-family residential uses in which one unit is a larger primary residence and the second unit is a smaller caretaker apartment, together with such public facilities as may appropriately be located in the same zone district. The two-family primary/secondary residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single-family and two-family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. 12-68-5: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be fifteen thousand (15, 000) square feet of buildable area, and each site shall have a minimum frontage of thirty feet (30'). Each site shall be of a size and shape capable of enclosing a square area, eight feet (80) on each side, within its boundaries. 12-6D-8: DENSITY CONTROL: A. Dwelling Units: Not more than a total of two (2) dwelling units shall be permitted on each site with only one dwelling unit permitted on existing lots less than fourteen thousand (14, 000) square feet. 1. Exception: Properties that meet all of the following three (3) conditions shall be permitted a total of two (2) dwelling units on existing lots less than fourteen thousand (14, 000) square feet: a. The property was annexed into the town of Vail with two (2) existing dwelling units on a lot less than fourteen thousand (14, 000) square feet. b. The property as of April 1, 2016, contained two (2) dwelling units on a lot less than fourteen thousand (14, 000) square feet. c. At no time between the property's annexation and April 1, 2016, did the property contain less than two (2) dwelling units. 2. Discontinuance Of Exception: If at anytime any property as described above develops or redevelops with only one dwelling unit, this exception for the allowance of two (2) units shall no longer be valid for such property. Town of Vail Page 4 Chapter 10, Off Street Parking and Loading (in part) 12-10-10: PARKING AND REQUIREMENTS SCHEDULES: Off street parking requirements shall be determined in accordance with the following schedules: 8. Schedule 8 applies to all properties outside Vail's "commercial core areas" (as defined on the town of Vail core area parking maps 1 and 11, incorporated by reference and available for inspection in the office of the town clerk): Use Parkinq Requirements Single-family and two-family If a dwelling unit's gross residential floor area is dwellings less than 2,000 square feet. 2 spaces If a dwelling unit's gross residential floor area is 2, 000 square feet or more, but less than 4, 000 square feet: 3 spaces Chapter 12-17, Variances (in part) 12-17-1: PURPOSE: A. Reasons For Seeking Variance: In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity, or from other physical limitations, street locations or conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. B. Development Standards Excepted: Variances may be granted only with respect to the development standards prescribed for each zone district, including lot area and site dimensions, setbacks, distances between buildings, height, density control, building bulk control, site coverage, usable open space, landscaping and site development, and parking and loading requirements, or with respect to the provisions of chapter 11 of this title, governing physical development on a site. C. Use Regulations Not Affected: The power to grant variances does not extend to the use regulations prescribed for each zone district because the flexibility necessary to avoid results inconsistent with the objectives of this title is Town of Vail Page 5 provided by chapter 16, "Conditional Use Permits", and by section 12-3-7, "Amendment, of this title. 12-17-6: CRITERIA AND FINDINGS: A. Factors Enumerated: Before acting on a variance application, the planning and environmental commission shall consider the following factors with respect to the requested variance: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. B. Necessary Findings: The planning and environmental commission shall make the following findings before granting a variance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone district. 2. That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the variance is warranted for one or more of the following reasons: a. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not generally apply to other properties in the same zone district. Town of Vail Page 6 c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone district. Chapter 21, Hazard Regulations (in part) 12-21-12: RESTRICTIONS IN SPECIFIC ZONES ON EXCESSIVE SLOPES E. Site coverage as it pertains to this chapter, as permitted by sections 12-6A-9, 12-6B-9, 12-6C-9 and 12-6D-9 of this title is amended as follows: 1. Not more than ten percent (10%) of the total site area maybe covered by driveways and surface parking. Title 14, Development Standards, Vail Town Code Chapter 2, Definitions (in part) 14-2-1: DEFINITIONS OF WORDS AND TERMS: Curb Cut: The location where a driveway, parking area, or feeder road connects to a public street or feeder road. Chapter 3, Residential and Commercial Access, Driveway & Parking Standards (in part) 14-3-1: MINIMUM STANDARDS: Table 2 Standard Single -Family, Two -Family Primary/Secondary Curb cuts permitted (number) 1 per street per unit Maximum of 2 curb cuts per lot Minimum horizontal clearance 24' Between garage doors (parallel) To road to edge of public street pavement Town of Vail Page 7 V. ZONING AND SITE ANALYSIS Address: 2841 Basingdale Boulevard Legal Description: Vail Intermountain Development Subdivision, Block 8, Lot 3 Existing Zoning: Two -Family Primary/Secondary Residential Existing Land Use Designation: Low Density Residential Mapped Geological Hazards: Steep Slope > 40% View Corridor: None Development Allowed / Existing Proposed Change Standard Required Site Area 15,000 SF of 7,662.2 SF Total No Change Buildable Area 2,314 SF of Buildable Area (GIS Estimate) Front (East - Home): > 20' Front — 20' Front (East - Garage): 11'-8" Setbacks Sides — 15' N/A Side (South): > 15' N/A Rear — 15' Side (North): 15' Rear (West): 15' Flat Roof — 30' Building Height Sloping Roof— N/A N/A** N/A 33' Density (DUs) Max. 1 0 1 +1 Density 3,524.6 SF 0 N/A** N/A (GRFA) Site Coverage Max. 20% 0 Max. 20% N/A (1,532 SF) (1,532 SF) Landscaping Min. 60% 0 64.7% N/A (4,597 SF) (4,960 SF) Parking & 2-3 parking N/A** N/A Loading spaces*** * Section 12-21-12-K, Vail Town Code, states, "there shall be no required front setback for garages, except as may be required by the Design Review Board. Garages located in the front setback, as provided for in this section, shall be limited to one story in height (not to exceed 10 feet) with the addition of a pitched or flat roof and subject to review and approval by the Design Review Board. **Applicants have not yet provided elevations, floor plans, etc., as the overall design will be greatly influenced by the approval or denial of the requested variances. *** Section 12-10-10-B requires two (2) parking spaces for dwelling units with less than 2,000 square feet of GRFA and three (3) parking spaces for dwelling units with between 2,000 to 4,000 square feet of GRFA. As there are no floor plans available in order to calculate GRFA, the actual number of parking spaces required is currently unknown. **** Based on aerial photographs of the site, the existing easement between the subject property and the property to the north provides parking for up to approximately eight (8) vehicles. The easement states that two (2) parking spaces are reserved the owner of the subject property. Town of Vail Page 8 VI. SURROUNDING LAND USES AND ZONING Existing Land Use: Zoning District: North: Med Density Residential Two -Family Primary/Secondary Res. (PS) South: Low Density Residential Two -Family Primary/Secondary Res. (PS) East: Open Space (Ruder Cemetery) Outdoor Recreation (OR) West: Low Density Residential Two -Family Primary/Secondary Res. (PS) VII. REVIEW CRITERIA The review criteria for a variance request are prescribed in Title 12, Chapter 17, Variances, Vail Town Code. Due to the unique nature of the proposed variances and the fact that each variance request can be approved or denied independently of the others, staff has provided responses to the criteria for each of the three (3) variance requests. Variance 1: Section 12-21-12, Restrictions in Specific Zones on Excessive Slopes Section 12-21-12-E-1, states, "not more than ten percent (10%) of the total site area may be covered by driveways and surface parking." 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The proposed variance to allow for more than ten percent (10%) of the total site area to be covered by driveways and surface parking is the result of multiple factors. Primarily, the small lot size (7,662 square feet, where 15,000 square feet is required) results in the applicants having approximately one-half (%) the amount of available paved area in comparison to a lot compliant with the minimum site area regulations. Also, the proposed variance to allow for more than ten percent (10%) of the total site area to be covered by driveways and surface parking is a direct result of the relationship of the subject property with the adjacent property to the north. The existing parking and access easement between the two (2) properties requires the entire easement area to be paved if the subject property were to be developed with a single-family residence. Said paving requirement necessitates the variance request as the area to be paved (approximately 872 square feet) exceeds ten percent (10%) of the total site area (approximately 762) square feet. Therefore, approval of the proposed variance allows for the subject property to be developed in a manner consistent with other existing or potential uses and structures in the vicinity. Furthermore, the granting of the proposed variance would bring the non -conforming gravel parking area into compliance with Section 14-5-2-A, Other Requirements, Surfacing, Vail Town Code, which states, "all parking areas shall be an approved paved surface." Town of Vail Page 9 Staff finds the proposed variance meets this criterion. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. Without approval of the proposed variance to allow for more than ten percent (10%) of the total site area to be covered by driveways and parking the subject property is rendered undevelopable. The entirety, and more, of the allowable paved area would be occupied by parking spaces, leaving no opportunity, barring the reconfiguration of the parking and access easement, for an access drive to a new single-family residence. If the applicants were required to re -describe the parking and access easement in order to obtain access to the site, the adjacent property to the north could deny the request and render the site undevelopable. Therefore, the proposed variance is necessary to achieve compatible and uniform treatment between the subject property and other properties in the vicinity. Staff finds the proposed variance meets this criterion. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. The proposed variance to allow for more than ten percent (10%) of the total site area to be covered by driveways and parking will facilitate access to the property for the future development of a new single-family residence. The proposed variance will not result in a negative impact on light and air; will not alter the distribution of population; will not affect any existing transportation or traffic facilities, public facilities, or utilities; and will not affect public safety in comparison to existing conditions. Staff finds the proposed variance meets this criterion. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. Variance 2: Section 14-3-1, Minimum Standards, Curb Cuts Section 14 -3 -1 -Table 2, states that only one (1) curb cut per unit is permitted within the Two -Family Primary/Secondary Residential (PS) District. 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Town of Vail Page 10 The requested variance for a second curb cut is due to the fact that the existing curb cut essentially only serves the adjacent property to the north. Unless the applicants were able to design a site plan that transformed the two (2) westernmost parking spaces within the parking and access easement into an access drive to the site (see Item 1, page 13), while maintaining compliance with all other development standards (including minimum landscaping, minimum parking spaces, etc.), a second curb is necessary to serve a new single-family residence on the subject property. Creating an access drive from the parking and access easement, as described above, may require the alteration of the existing easement, which may not be approved by the adjacent property to the north. Therefore, a second curb cut will allow for the development of the subject property with a new single-family residence, while minimizing the potential negative impact to the parking for the adjacent property to the north. Staff finds the proposed variance meets this criterion. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. The proposed variance for a second curb cut will facilitate access for a new single- family residence on the subject property. Without a second curb cut, the lot could be rendered undevelopable if the adjacent property owner to the north were unwilling to allow for an alteration to the parking and access easement that would allow the applicants to create an access drive from the two (2) westernmost parking spaces within the easement area. Staff finds the proposed variance meets this criterion. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. As proposed, the Department of Public Works has expressed safety concerns in regards to adding two (2) more back -out parking spaces to the subject property. However, Public Works has stated their willingness to support the request for the second curb cut should the applicants be willing to abandon the use of the two (2) westernmost parking spaces within the parking and access easement (see Item 2, page 13). By adding a second curb cut, but removing said parking spaces from use, the overall amount of back -out parking spaces would remain unchanged from existing conditions. Town of Vail Page 11 Provided the applicants abandon the use of the two (2) westernmost parking spaces as directed by the Department of Public Works, staff finds the proposed variance meets this criterion. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. Variance 3: Section 14-3-1, Minimum Standards, Clearance from Garage Doors to Public Street Pavement Edge Section 14 -3 -1 -Table 2, states that the minimum horizontal clearance between garage doors (parallel to road) to edge of public street pavement edge shall be 24 feet. 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The Department of Public Works finds, and Community Development Department staff concurs, that reducing the minimum 24 foot clearance between garage doors (parallel to road) to the edge of the public street pavement edge has a negative impact on other existing or potential uses and structures in the vicinity. The negative impact is due to the resulting short driveways that leave inadequate room for a vehicle to park without encroaching into the roadway. Such a scenario represents a safety risk to the residents and guests of the subject property, as well as the general public. Staff finds the proposed variance does not meet this criterion. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. The Department of Public Works finds, and Community Development Department staff concurs, that the granting of Variance 3 would be a grant of special privilege in that the applicants would not be subject to the same requirement for sufficient space for exterior on-site parking as is required among other sites in the vicinity. Staff finds the proposed variance does not meet this criterion. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. The Department of Public Works finds, and Community Development Department staff concurs, that the granting of the proposed variances from the minimum 24 foot clearance between garage doors (parallel to road) to the edge of the public street Town of Vail Page 12 pavement edge would result in a negative effect on transportation and public safety by allowing for the encroachment of vehicles into the public right-of-way. Staff finds the proposed variance does not meet this criterion. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. Analysis of Variance Criteria on Site Design Based on staff's review of the variance criteria, there are two (2) site design options available to the applicants for the construction of a new single-family residence: 1. Access Driveway from Existing Curb Cut (Requires Amendment to Easement) 2. Second Curb Cut with Modifications to Concept Site Plan and Easement Area Town of Vail Page 13 VIII. STAFF RECOMMENDATION Due to the unique nature of the proposed variances and the fact that each variance request can be approved or denied independently of the others, staff has provided individual recommendations for each of the three (3) variance requests. Variance 1: Section 12-21-12, Restrictions in Specific Zones on Excessive Slopes Based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission approve, with one condition, a variance from Section 12-21-12, Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, to allow for more than ten percent (10%) of the total site area to be covered by driveways and surface parking, located at 2841 Basingdale Boulevard/Lot 3, Block 8, Vail Intermountain Development Subdivision, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to approve, with one condition, this variance request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves the applicants' request for a variance from Section 12-21-12, Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, to allow for more than ten percent (10%) of the total site area to be covered by driveways and surface parking, located at 2841 Basingdale Boulevard/Lot 3, Block 8, Vail Intermountain Development Subdivision, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to approve, with one condition, this variance request, the Community Development Department recommends the Commission applies the following condition: 1. 'Approval of this variance is contingent upon the applicant obtaining Town of Vail design review approval for this proposal." Should the Planning and Environmental Commission choose to approve, with one condition, this variance, the Community Development Department recommends the Commission make the following findings: 'Based upon the review of the criteria outlined in Section VII of the staff memorandum to the Planning and Environmental Commission dated March 26, 2018, and the evidence and testimony presented, the Planning and Environmental Commission finds: Town of Vail Page 14 1. The granting of this variance will not constitute a granting of special privilege inconsistent with the limitations on other properties classified in the Two -Family Primary/Secondary Residential (PS) District, 2. The granting of this variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity, and 3. This variance is warranted for the following reasons: a. The strict literal interpretation or enforcement of the specified regulation will result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of Title 12, Zoning Regulations, Vail Town Code,- b. ode, b. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variances that do not apply generally to other properties in the Two -Family Primary/Secondary Residential (PS) District, and c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicants of privileges enjoyed by the owners of other properties in the Two -Family Primary/Secondary Residential (PS) District." Variance 2: Section 14-3-1, Minimum Standards Based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission approve, with conditions, a variance from Section 14-3-1, Minimum Standards, Vail Town Code, to allow for two (2) curb cuts per unit where only one (1) curb cut per unit is allowed, located at 2841 Basingdale Boulevard/Lot 3, Block 8, Vail Intermountain Development Subdivision, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to approve, with conditions, this variance request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves the applicants' request for a variance from Section 14-3-1, Minimum Standards, Vail Town Code, to allow for two (2) curb cuts per unit where only one (1) curb cut per unit is allowed, located at 2841 Basingdale Boulevard/Lot 3, Block 8, Vail Intermountain Development Subdivision, and setting forth details in regard thereto." Town of Vail Page 15 Should the Planning and Environmental Commission choose to approve, with conditions, this variance request, the Community Development Department recommends the Commission applies the following conditions: 1. "Approval of this variance is contingent upon the applicants obtaining Town of Vail design review approval for this proposal, and 2. The applicants shall agree to abandon the use of the two (2) westernmost parking spaces within the parking and access easement." Should the Planning and Environmental Commission choose to approve, with conditions, this variance, the Community Development Department recommends the Commission make the following findings: "Based upon the review of the criteria outlined in Section VII of the staff memorandum to the Planning and Environmental Commission dated March 26, 2018, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. The granting of this variance will not constitute a granting of special privilege inconsistent with the limitations on other properties classified in the Two -Family Primary/Secondary Residential (PS) District, 2. The granting of this variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity, and 3. This variance is warranted for the following reasons: a. The strict literal interpretation or enforcement of the specified regulation will result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of Title 12, Zoning Regulations, Vail Town Code,- b. ode, b. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variances that do not apply generally to other properties in the Two -Family Primary/Secondary Residential (PS) District, and c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicants of privileges enjoyed by the owners of other properties in the Two -Family Primary/Secondary Residential (PS) District." Town of Vail Page 16 Variance 3: Section 14-3-1, Minimum Standards, Clearance from Garage Doors to Public Street Pavement Edge — Motion to Deny Based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission deny a variance from Section 14-3-1, Minimum Standards, Vail Town Code, to allow for a minimal horizontal clearance between a garage door (parallel to road) to edge of a public street pavement of less than 24 feet, located at 2841 Basingdale Boulevard/Lot 3, Block 8, Vail Intermountain Development Subdivision, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to deny this variance request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission denies the applicants' request for a variance from Section 14-3-1, Minimum Standards, Vail Town Code, to allow for a minimal horizontal clearance between a garage door (parallel to road) to edge of a public street pavement of less than 24 feet, located at 2841 Basingdale Boulevard/Lot 3, Block 8, Vail Intermountain Development Subdivision, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to deny this variance, the Community Development Department recommends the Commission make the following findings: 'Based upon the review of the criteria outlined in Section VII of the staff memorandum to the Planning and Environmental Commission dated March 26, 2018, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. The granting of this variance will constitute a granting of special privilege inconsistent with the limitations on other properties classified in the Two -Family Primary/Secondary Residential (PS) District, 2. The granting of this variance will be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity, and 3. This variance is not warranted for the following reasons: a. The strict literal interpretation or enforcement of the specified regulation will not result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of Title 12, Zoning Regulations, Vail Town Code,- Town ode, Town of Vail Page 17 b. There are not any exceptions or extraordinary circumstances or conditions applicable to the same site of the variances that do not apply generally to other properties in the Two -Family Primary/Secondary Residential (PS) District, and c. The strict or literal interpretation and enforcement of the specified regulation would not deprive the applicants of privileges enjoyed by the owners of other properties in the Two -Family Primary/Secondary Residential (PS) District." Motion to Approve Variance 3: Should the Planning and Environmental Commission choose to approve, with one condition, this variance request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves, with one condition, the applicants' request for a variance from Section 14-3-1, Minimum Standards, Vail Town Code, to allow for a minimal horizontal clearance between a garage door (parallel to road) to edge of a public street pavement of less than 24 feet, located at 2841 Basingdale Boulevard/Lot 3, Block 8, Vail Intermountain Development Subdivision, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to approve, with one condition, this variance request, the Community Development Department recommends the Commission applies the following condition: 1. 'Approval of this variance is contingent upon the applicants obtaining Town of Vail design review approval for this proposal." Should the Planning and Environmental Commission choose to approve, with one condition, this variance, the Community Development Department recommends the Commission make the following findings: 'Based upon the review of the criteria outlined in Section VII of the staff memorandum to the Planning and Environmental Commission dated March 26, 2018, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. The granting of this variance will not constitute a granting of special privilege inconsistent with the limitations on other properties classified in the Two -Family Primary/Secondary Residential (PS) District, 2. The granting of this variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity, and Town of Vail Page 18 3. This variance is warranted for the following reasons: a. The strict literal interpretation or enforcement of the specified regulation will result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of Title 12, Zoning Regulations, Vail Town Code,- b. ode, b. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variances that do not apply generally to other properties in the Two -Family Primary/Secondary Residential (PS) District, and c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicants of privileges enjoyed by the owners of other properties in the Two -Family Primary/Secondary Residential (PS) District." IX. ATTACHMENTS A. Vicinity Map B. Applicants' responses to Variance Review Criteria, undated C. Topographic Survey, prepared by John D. McMahan P.L.S. of JD McSnow, LLC Land Surveying, dated January 15, 2014 D. Concept Plan, prepared by RAL Architects, Inc., dated February 26, 2018 E. Easement Deed, recorded May 6, 1993, with the Reception No. 504312 Town of Vail Page 19 G' 1f� r /,00 A tf 1 \ 1% Al/?%�� r/ i, YJl1 / A (11i., / / % 1, %/ 'i /�/ % i% I,,l% yf °oi I ///% i / :✓ 4/( /'el / /'��i��fH��/� %'�f% ii ,1/ ��'Y Y IN ogg Am o I� � / ����/�f;�Af1 ,. ��� ' //� 1, r'%�%���/� � ��/�/ �/ i, • • /��� ` ����'/� .//� AM reaytlf ,�I' 'i ill // l / '"y/ Fe / O, / is r� ME �a, l /' / l '' /// iJri pff, io il/ '' iii ✓ `', qr, ",� e/IJY ! 11 r (fl r % r dart(' /r d OR" ft POP Fr/ �111111' 01 i/ „i /' Jj //'✓/ �//�/ 0 % / I l� � f � • . a /, ��� % �/,r �� 1. t; , iqlp/ ( 1 OF LK Ilk �i ?V %� % / p�J,,ME i % r • a �� //ii;OAR ��/„i' ?„ � � ;100* • , % //, i 1%, /' i'/ % lawl pr AOW AF % A� /r ��ytv, I iif' I1%%�/ /idfs/��.° •. r, a/1 , i, ` �1 � H /�//'/:,, /Vi os 1 .”NORM r; a /,('; /;,, a�/1% f ��%/,%,l! y % ai/ii / %iii rylyf�l�l9>lR� l � �,. j l 'r � �o�� -i// /11i �;; g c r �i��, ll / D/ % J Variance 1 TOV Code: 14-3-1: MINIMUM STANDARDS: Table 2 - Curb cuts permitted (number) - 1 per street per unit Request: 2 curb cuts per street per unit The property is encumbered by an existing easement on the far eastern portion of the lot. This easement provides parking access for the adjacent property, Lot 9, and for the subject property. Per the easement for the parking area created, the two western most parking spots as defined by TOV Code parking standards and design are to be assigned and utilized by the subject property. The proposed development on the property requires a minimum of 3 total parking spots in accordance with TOV Code 12-10-10: PARKING REQUIREMENTS SCHEDULES: B. In addition, pursuant to TOV Code 12-21-12: RESTRICTIONS IN SPECIFIC ZONES ON EXCESSIVE SLOPES: J, at least one covered parking space shall be provided. The proposed design includes 2 covered and enclosed parking spots within a garage accessed by a new curb cut plus the 2 existing spaces within the aforementioned easement accessed by the existing curb cut for a total of 4 spaces. These two existing spaces within the easement will be delineated and paved in accordance with TOV Code 14-3-2: OTHER REQUIREMENTS: B. Surfacing. Points of practical difficulty and hardship - The existing easement parking spaces are not congruent to the building envelope created on the lot by the required setbacks and can not be reasonable incorporated into additional parking requirements. - The portion of the property encumbered with the easement is a small narrow triangle providing little to no reasonable area to modify the grade for driveway access. - An existing fire hydrant immediately to the west of the parking easement blocks driveway access from the easement to the buildable area of the property. - The grade immediately adjacent to the road right of way is excessively steep further complicating potential driveway access through large retaining walls that would impact the adjacent property and structures. Variance 2 TOV Code: 14-3-1: MINIMUM STANDARDS: Table 2 - Minimum horizontal clearance between garage doors (parallel to road) to edge of public street pavement - 24' Request: 14' horizontal clearance between garage doors and edge of street pavement The property has a small flat bench that parallels the road and extends into the property approximately 14'. Beyond that bench, the topography drops off quickly at an approximately 70% grade. Pursuant to TOV Code 12-21-12: RESTRICTIONS IN SPECIFIC ZONES ON EXCESSIVE SLOPES: K, the garage may be placed in the front setback on the property at the discretion of the TOV Design Review Board. Alternately, at the 24' setback point from the existing edge of the public street pavement, the existing grade is approximately 8' lower than the street. By locating the garage closer to the street, excessive fill areas requiring more site disturbance and additional retaining walls can be avoided. The least disruptive site solution is to locate the front face of the garage on the existing topographic bench adjacent to the road. Additionally, locating the garage closer to the road reduces the amount of surface pavement on the property for driveway and parking access (see Variance 3). Points of practical difficulty and hardship - Excessively steep grade (70%) within the required 24' horizontal clearance setback Variance 3 TOV Code: 12-21-12: RESTRICTIONS IN SPECIFIC ZONES ON EXCESSIVE SLOPES: E. Site coverage as it pertains to this chapter, as permitted by sections 12-6A-9, 12-613-9, 12-6C-9 and 12-6D-9 of this title, is amended as follows: 1. Not more than ten percent (10%) of the total site area may be covered by driveways and surface parking. Request: 15% total site area covered by driveways and surface parking The property is encumbered by an existing easement on the far eastern portion of the lot. This easement provides parking access for the adjacent property, Lot 9, and for the subject property. Per the easement for the parking area created, the two western most parking spots as defined by TOV Code parking standards and design are to be assigned and utilized by the subject property. The associated areas of the lot and easement are as follows: Total lot area - 7661 sf Permitted driveway and surface parking area - 766sf (10%) Total easement area - 872sf Subject property parking area - 454sf Adjacent property parking area - 307sf Remaining easement area - 111 s Proposed garage driveway - 262sf The total proposed driveway and surface parking areas that would serve the subject property total 716sf (9.3%) which would comply with the aforementioned code requirement. Including the additional surface parking area associated with the adjacent property exceeds the standard and necessitates the easement request. Without this easement access, the parking areas on the adjacent property would be greatly reduced. Points of practical difficulty and hardship - The property is encumbered by a parking easement to provide parking area and access to the adjacent property to the east. This additional parking area causes the site to exceed the area requirement of the aforementioned code section. - Creating additional parking on the adjacent property is not feasible do to severely steep grades, necessitating this easement to maintain their parking areas and count. NlV1NrI0W8AiNPlIVA U— .)NIPJA1,11 011 L, SA�KyIg 1 io I DII'MONSDW 0 OA19 il YON W01 I VRZ �i E J) Z N..'4 , o 0C. — W z -ss —g ei abio cc E > c E a E 0 Q E Q �j >0 —0 T E E ur. D JS 00. a a 00 U '00 E o 0 4 o M 0 Fn 2 Q 0 10- 8 0 '41 0 C4 R -0 ce -0 0 10 0- z E J) Z N..'4 , o 0C. — W z -ss —g al" abio cc E > c E a E 0 Q E �j >0 —0 T E E ur. D JS 00. a a 00 U '00 0 o Q 0 10- 8 0 '41 ce E J) Z N..'4 , o iti 0 W al" abio �J a Q �j 1:4 E E ur. D JS E J) Z N..'4 , o iti 0 W al" abio �J a E 1:4 E E ur. D JS E 0 E J) Z N..'4 , o EOW iti 0 W al" E '4 E ur. D JS V, 0 W, 0 EOW 1� 0 W E V, 0 W, 2 �?_� \� U - �) 6 » m. r � m \ / � + . � / ! � x e , /�\\\ Sof312 B- 60 t'-23' 0$10,5193 x4.45 or .s SUM A" 6am my OSx PkESEW la NEC LT 15.00 0.00 TMR Zia" DAY16c 3it., ii_imse, adiLixesw IS P.D. box 190, Vail, colotado #:65A .(hrxeinditer referred to as "GrAntor"), for Teat D03.1a:l"az 0knud. otttV q 3Tsd vaiatable con&iduretian, tine receipt of a2sich is hereby - -- s. M �.s,.,.,,.,. „�---•i- a-?..n,.,c rae mac'. a131s £nx* j L' itt110'n _*iis� ` WMIATI0N, it a ,l xa6o Lion-Vrot;`iti Cb]�vXat:istsfi 1FtlG�i+R l��i ' ii ia: ;* 2921 1 QdZiisgdala Mild-, Vali, Colorado SUM, relsrxred to. at AGxa11tee-), ttse fv= cxirg real praperty rAttmty in the qty ar teal et.. Stftta of-Objor- do.. tc- wit. lsasrpsttiral ttat[-st�t.lt;aivc pasri:irq and srra_ssa easmm"t, for jo-bxt. u0s of ae p4.1tizlq ansa Jm txizsstence on that: sast:arly pax wi.au of act 3, R100: 0, nasi I;st0r*0%kNtas1n D%V&1'GPm%;t St bd;visYicm Ana ?1: maraltopent to Lot 9, 11cck _%, Vail TrtersotzntAin owr la�l� Sukdf`sistot, arsd as mare #ally c3orscCAbesi axxt rwt t=U" aM • the -- - *4ft'C *{7� '. T!u sasstar Speciric^1-ly rezatwirg the ua2e atxl exeMsive rijUt �= s*last• txa' parkttrq apa�v within the parkirq area rear tis _ u� #efw use and contrvz ap the tenet of int 3, g3 tick S,' itti3 ..: - : izs�a x mk*i D*V6lerQ�a *nL SitAIvlsion. svi; parking ssspams = be lacsazed. rn the wasstarly =rtlan of the Park4nq wid • sha l be 4i an mraa Softici%nt to •rawlf Mills L# Vail lesrKiriq re Iramon %Np" t sritls &U "Id aia_u;ax i:e*_aditasents ar4 appttrter&kocas thariit* jW,. 6C Ln anyW s* tn)-*Xt k1ni.rjq., and the rwarsxon and rsmrei i *40*1g1jer r+i►aindors, r4n", i881300 a" profits* t 'Kiser; Arai 411L ta-lft - tts, riQ title; iAtQrasrt* clans 6P4 4***'" vhstaoc"rl O! tb* • iia+mor, ei*fir In rare or Ir. lm;u±ty of, in And icc thO sbcva-bft7gm sAd- rawl pzoparLy intaront, with tato Were -1 tamen}s and sppt►rt+s.�sa cars. VAvX A" -To wEv th■r test, togarher with all a1A sincNxAr tTna sy � &Nmx 0" grlvalseq*c t!wraunto beloriging or ixz xnyw.Lm t thereunto alipe2tainIM. aro all the cutatc, right, ti+--je, interest and csaf.ts uk&tmeww", of th* ccakxor, eithcr eitherIn law of ay.:it.y to t;Ga only proper ussss, bw0ti:. mrA L-azoor of the cmmtee, lts :.uccaasaes Arra assigns sZs iter•, his heirs, successurs, andfor assigns, zhall not aract xsar .._��r.:....i a ,sl•..fin "dire[ a!'msntatY,ft_ 7iMnrtYkTlN7&MAt-.T fau'ca ur 'Umdi tin__= t�tr abo{sk-Qert i las sat:. and riau:i.ze sshjli raot b,*I3aIa1a fnY Lt1a3x' Acceptance of t''It% ,rasa Mt by Grainer- $hall. cnnntit:aate t3h r 8[jl�[t :fit s11sa ;rcros rvt an -.211 W -tat : 1_ At Bach time and in tiv-- event dealt.: the easesent; dc-ZOribRd h*roin shbll be a enloned, Gzantea's real property intereatr iia the testament shall i djatnly revert r, and be t:I•sar aitnr stented with the **rvlent estate. 2. The parkin;j arra-. coratructed an the Mbove.-•deacribed eae—ni ent shau bs maintained, and rapaired Sr. a firstalarm vmnn.r, condition and ap rand. Tt it cantampj. .ted that In-_,annecticut; with the cons`ruc:ti= bit a tee;:4 j,±tca Ass �t .� , --na Tc� , n of �ia3i will 7 t �j�1iYe brie entire Va0tir,g and accesya easoment: 4.o be paved. Grar:tor, his heirs, su;,ceiaaoxa, &M/or aoaigp. .tali pay tate entire cost of paving the two .xsstsez' e4 packing Spaces, +arankee, its ouccf nsors and a.4sians, oi;all pay the entixa mist a# pavis* tans •rnrminder of t -he parking and access a�asrs�aszrst. 4 3, The Grantee agrees to fully iade=ify, says anti keep t%ID dranter harnless from any and all clairs for dazage to real and personal prapa:ty and injuries or deaths suffered by persons 04-1 said prO.Pe—"tY during the tern of this eassment, and iny.uding keit not united to "a responsihility for enforaezent and control of access rights- rzC-mr, vm DELI—M-Er) this 5 � day of _� - _ ._ y -► � 4�J3 . el';CA e OF COLORADO ) cowry of Mail ) Tis• rar*going rasemert Crud ;ras subscribes ad zvorn to t*for* na _ this ..eh dhy ai qac , 1993 by Ross 04ViO; 41r, i:-Iuwgx vy hwid and officia3. seal. -- . 14'3 tai*�io:: a -p i.r: s ori: 71714 i l:eta y�I 2 [E City ofVail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: March 26, 2018 ITEM/TOPIC: A request for a recommendation to the Vail Town Council for a prescribed regulations amendment pursuant to Section 12'3-7Amendment, Vail Town Code, toamend Title 12ofthe Vail Town Code toadd anew Chapter 27.Wiro|oaaService Facilities, and setting forth details inregard thereto. (PEC18'OO1O) File Name PEC18-0010 Wireless Service Facflitigt�mo.�df Attachment B Site Photos.pd Description Staff Memo to PEC Attachment A—Draft Ordinance No. a.Series om1a 0 TOWN OF A Uri TIMMIT47117 17, To: Planning and Environmental Commission From: Community Development Department Date: March 26, 2018 Subject: A request for a recommendation to the Vail Town Council for a prescribed regulations amendment pursuant to Section 12-3-7 Amendment, Vail Town Code, to amend Title 12 of the Vail Town Code to add a new Chapter 27, Wireless Service Facilities, and setting forth details in regard thereto. (PEC18- 0010) Applicant: Town of Vail Planner: Justin Lightfield SUMMARY The applicant, the Town of Vail, requests the review of a prescribed regulations amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title 12 of the Vail Town Code to add a new Chapter 27, Wireless Service Facilities, and setting forth details in regard thereto. The Planning and Environmental Commission's role in the review of the Code language is to make a recommendation on the language that should be incorporated into the Town Code to allow for an implementable Wireless Service Facilities section. The final determination will be made by Town Council. Based upon staff's review of the criteria outlined in Section V of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council for the proposed prescribed regulations amendment, subject to the findings noted in Section VI of this memorandum. II. DESCRIPTION OF REQUEST In order to implement the regulations and to align the Vail Town Code with state and federal requirements, the Town Council has requested the adoption of a new chapter within Title 12 of the Vail Town Code. The proposed request is to amend Title 12 of the Vail Town Code by adding a new Chapter 27, Wireless Service Facilities. The proposed ordinance is not a change in policy, but is required in order to ensure that the Town's regulations are consistent with state and federal law, including the Telecommunications Act of 1996, the Spectrum Act, and House Bill 17-1193. III. BACKGROUND The purpose of the Wireless Service Facilities Ordinance is to align the Vail Town Code with state and federal requirements. These regulations will continue to allow the location of wireless service facilities in the Town while protecting the public health, safety, and general welfare of the community. These regulations will also require the Town to continue to act on applications for the location of wireless service facilities within a reasonable time, will continue to encourage co -location of wireless service facilities, and will continue to prevent unreasonable discrimination among providers of functionally equivalent services. The Town of Vail Community Development Department worked with Town Attorney to develop a comprehensive ordinance in conjunction with the most recent state and federal regulations, which are summarized below. The Telecommunications Act of 1996 (Federal) In accordance with the Telecommunications Act of 1996 (the "Act"), local governments are authorized to regulate the placement, construction and modification of personal wireless service facilities, provided that any such regulation does not unreasonably discriminate among providers of functionally equivalent services, or prohibit, or have the effect of prohibiting the provisions of personal wireless services. The Spectrum Act (Federal) Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 (commonly referred to as the "Spectrum Act"), requires a local government to approve any eligible request for a modification of an existing wireless tower or base station that does not "substantially change" the physical dimensions of such tower or base station. Section 6409 also imposes new rules on a local government's review of applications for the modification of existing towers and base stations. Section 6409 does not apply to applications for new towers or base stations, but rather, modifications of existing towers and base stations. House Bill 17-1193 (State) The Colorado General Assembly passed House Bill 17-1193, which also provides certain mandatory procedural requirements and regulations for installation of small cell facilities within public rights-of-way. HB 17-1193 provides that telecommunications provider has the right to locate or collocate small cell facilities and small cell networks on local government entity's light poles, traffic signals, or utility poles in rights-of-way owned by local government, subject applicable law. HB 17-1193 clarifies that the expedited permitting process established for broadband facilities applies to small cell facilities and small cell networks. Town of Vail Page 2 IV. APPLICABLE PLANNING DOCUMENTS Title 12 — Zoning Regulations, Vail Town Code Section 3-7 Amendment (in part) A. Prescription: The regulations prescribed in this title and the boundaries of the zone districts shown on the official zoning map may be amended, or repealed by the town council in accordance with the procedures prescribed in this chapter. B. Initiation: 1. An amendment of the regulations of this title or a change in zone district boundaries may be initiated by the town council on its own motion, by the planning and environmental commission on its own motion, by petition of any resident or property owner in the town, or by the administrator. 2. A petition for amendment of the regulations or a change in zone district boundaries shall be filed on a form to be prescribed by the administrator. The petition shall include a summary of the proposed revision of the regulations, or a complete description of proposed changes in zone district boundaries and a map indicating the existing and proposed zone district boundaries. If the petition is for a change in zone district boundaries, the petition shall include a list of the owners of all properties within the boundaries of the area to be rezoned or changed, and the property adjacent thereto. The owners' list shall include the names of all owners, their mailing and street addresses, and the legal description of the property owned by each. Accompanying the list shall be stamped, addressed envelopes to each owner to be used for the mailing of the notice of hearing. The petition also shall include such additional information as prescribed by the administrator. V. CRITERIA FOR REVIEW Section 12-3-7(C)(2) of the Zoning Regulations identifies the criteria that the Planning and Environmental Commission must consider before making a recommendation for a change to the text of the code. These criteria include the following: The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and Staff finds the prescribed regulations amendment furthers the general and specific purposes of the zoning regulations by allowing the location of wireless service facilities in the Town while protecting the public health, safety, and general welfare of the community. Additionally, the prescribed regulations amendment encourages co - location of wireless service facilities, thereby maintaining the Town's established Town of Vail Page 3 appearance. This amendment meets the following purposes of the zoning regulations - 12 -1-2 A General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. 12-1-2 B 5. To conserve and maintain established community qualities and economic values. 8. To safeguard and enhance the appearance of the town. Staff finds that this criterion has been met. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Staff finds that the proposed prescribed regulations amendment will better implement or achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan. Specifically in the Vail Land Use Plan's adopted Goals and Policies, staff identified the following applicable statement: 1. General Growth / Development 1.1. Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. Additionally, in the Vail 20/20 Strategic Action Plan, staff identified the following applicable statement: Goal #3: Ensure fairness and consistency in the development review process. Staff finds that this criterion has been met. 3. The text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and Town of Vail Page 4 Staff believes that while existing regulations are still appropriate and applicable, the prescribed regulations amendment will further codify existing process and regulations with state and federal laws, including the Act, Section 6409 and House Bill 17-1193. Staff finds that this criterion has been met. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and The proposed language ensures the Town is in compliance with state and federal laws. Staff believes this amendment will ensure a harmonious, convenient, workable relationship among land use regulations consistent with the Town's development objectives. Specifically, the prescribed regulations amendment encourages the Town to continue the co -location of wireless service facilities and prevents unreasonable discrimination among the providers of functionally equivalent services. Staff finds that this criterion has been met. 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. VI. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval for the prescribed regulations amendment to the Vail Town Council. This recommendation is based upon the review of the criteria outlined in Section V of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed prescribed regulations amendment, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title 12 of the Vail Town Code to add a new Chapter 27, Wireless Service Facilities, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed prescribed regulation amendment, the Community Development Department recommends the Commission makes the following findings: Town of Vail Page 5 "Based upon a review of Section V of the March 26, 2018 staff memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code, and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. " VII. ATTACHMENTS Attachment A — Ordinance No. 8, Series 2018 Attachment B — Site photos of existing wireless service facilities in the Town of Vail Town of Vail Page 6 ORDINANCE NO. 8 SERIES 2018 AN ORDINANCE AMENDING TITLE 12 OF THE VAIL TOWN CODE BY THE ADDITION OF A NEW CHAPTER 27 OF TITLE 12, CONCERNING WIRELESS SERVICE FACILITIES WHEREAS, pursuant to the Telecommunications Act of 1996 (the "Act"), local governments are authorized to regulate the placement, construction and modification of personal wireless service facilities, provided that any such regulation does not unreasonably discriminate among providers of functionally equivalent services, or prohibit, or have the effect of prohibiting the provisions of personal wireless services; WHEREAS, Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 ("Section 6409") requires a local government to approve any eligible request for a modification of an existing wireless tower or base station that does not "substantially change" the physical dimensions of such tower or base station; WHEREAS, the Colorado General Assembly passed House Bill 17-1193, which also provides certain mandatory procedural requirements and regulations for installation of small cell facilities within public rights-of-way; and WHEREAS, the Town Council wishes to establish a procedure for review of applications for the installation of wireless service facilities within the Town in compliance with the Act, Section 6409 and House Bill 17-1193. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 12 of the Vail Town Code is hereby amended by the addition of a new Chapter 27, entitled "Wireless Service Facilities," to read as follows: CHAPTER 27 WIRELESS SERVICE FACILITIES 12-27-1: PURPOSE AND APPLICABILITY: A Purpose. The purposes of this Chapter are: to allow the location of wireless service facilities in the Town while protecting the public health, safety, and general welfare of the community; to act on applications for the location of wireless service facilities within a reasonable time; to encourage co -location of wireless service facilities, and to prevent unreasonable discrimination among providers of functionally equivalent services. B. Applicability. This Chapter applies to all WSFs, in addition to all other applicable provisions of this Code. 1 3/21/2018 U PECIPEC18-00MORDINANCE NO. 8 SERIES 2018 WIRELESS SERVICE FACILITIES.DOCX 12-27-2: DEFINITIONS: For purposes of this Chapter, the following terms shall have the following meanings: ACCESSORY EQUIPMENT: Equipment, including buildings and structures, used to protect and enable radio switching equipment, back up power and other devices incidental to a WSF, but excluding antennae. ANTENNA: Communications equipment that transmits or receives electromagnetic radio frequency signals used to provide wireless service. BASE STATION: A structure or equipment, other than a tower, at a fixed location that enables FCC -licensed or authorized wireless communications between user equipment and a communications network, including equipment associated with wireless communications services, including radio transceivers, antennae, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks), and any structure, other than a tower, to which any of the equipment described herein is attached. BUILDING ROOF -MOUNTED WSF: A WSF that is mounted and supported entirely on the roof of a legally existing building or structure. BUILDING WALL -MOUNTED WSF: A WSF that is mounted and supported entirely on the wall of a legally existing building or structure. ELIGIBLE FACILITY REQUEST: A request for approval of the modification of an existing tower or base station that involves the co - location of new transmission equipment, the removal of transmission equipment or the replacement of transmission equipment. EQUIPMENT STORAGE SHELTER: Buildings, storage shelters, and cabinets used to house WSF equipment. y_1_i■7�'.C�i.1I_n1FiiC•7i1_['. u � • � FCC: Federal Communications Commission FREESTANDING WSF: A WSF that consists of a stand-alone support structure such as a tower or monopole, and antennae and accessory equipment. MICRO WSF: A WSF that is no larger than twenty-four (24) inches in length, fifteen (15) inches in width, and twelve (12) inches in height, with exterior antenna, if any, of no more than eleven (11) inches in length. 2 3/21/2018 U PECIPEC18-00MORDINANCE NO. 8 SERIES 2018 WIRELESS SERVICE FACILITIES.DOCX PUBLIC RIGHT-OF-WAY: Any road, street, alley, trail, sidewalk, easement or right-of-way dedicated to public use, including without limitation access and utility easements. SMALL CELL FACILITY: Either a personal wireless service facility as defined by the federal Telecommunications Act of 1996, or a WSF where: each antenna is located inside an enclosure of no more than three (3) cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than three (3) cubic feet; and primary equipment enclosures are no larger than seventeen (17) cubic feet in volume. The following associated equipment may be located outside of the primary equipment enclosure and, if so located, is not included in the calculation of equipment volume: electric meter, concealment, telecommunications demarcation box, ground-based enclosures, back-up power systems, grounding equipment, power transfer switch, and cut-off switch. A small cell facility includes a micro WSF. SMALL CELL NETWORK: A collection of interrelated small cell facilities designed to deliver wireless service. SUBSTANTIAL CHANGE: A modification to an existing tower or base station under the following circumstances - 1 . ircumstances:1. A substantial change in the height of an existing tower or base station occurs as follows: a. For a tower outside of a public right-of-way, when the height of the tower is increased by more than ten percent (10%), or by the height of one (1) additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater. b. For a tower located in a public right-of-way or a base station, when the height of the structure increases by more than ten percent (10%) or by more than ten (10) feet, whichever is greater. 2. Changes in height are measured as follows: a. When deployments are separated horizontally, changes in height shall be measured from the original support structure, not from the height of any existing telecommunications equipment. b. When deployments are separated vertically, changes in height shall be measured from the height of the tower or base station, including any appurtenances, as the tower or base station existed on February 22, 2012. 3 3/21/2018 U PECIPEC18-00MORDINANCE NO. 8 SERIES 2018 WIRELESS SERVICE FACILITIES.DOCX 3. A substantial change in the width of an existing tower or base station occurs as follows: a. For a tower outside of public rights-of-way, when the addition of an appurtenance to the body of the tower protrudes from the edge of the tower more than twenty (20) feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater. b. For a tower in a public right-of-way or a base station, when the addition of an appurtenance to the body of the structure would protrude from the edge of the structure by more than six (6) feet. 4. A substantial change also occurs for an existing tower in a public right-of-way or an existing base station as follows: a. When the change involves the installation of any new equipment cabinets on the ground, if no ground cabinets presently exist; or b. When the change involves the installation of ground cabinets that are more than ten percent (10%) larger in height or overall volume than any existing ground cabinets. 5. A substantial change also occurs for any existing tower or base station when any of the following are found: a. When the change involves installation of more than the standard number of new equipment cabinets for the technology involved, or more than four (4) new cabinets, whichever is less. b. When the change entails any excavation or deployment outside the current site. C. When the change would defeat the concealment elements of the eligible support structure. d. When the change does not comply with conditions associated with the original approval of the construction or modification of the tower, base station or base station equipment. This limitation does not apply if the noncompliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that would not exceed the thresholds identified in subsections (1)-(5)(b) hereof. TOWER: A structure built for the sole or primary purpose of supporting any FCC -licensed or authorized antennae and their associated facilities, 4 3/21/2018 U PECIPEC18-00MORDINANCE NO. 8 SERIES 2018 WIRELESS SERVICE FACILITIES.DOCX including structures that are constructed for wireless communications services, including without limitation private, broadcast, public safety services, unlicensed wireless services and fixed wireless services such as microwave backhaul. WIRELESS SERVICE: Data and telecommunications services, including commercial mobile services, commercial mobile data services, unlicensed wireless services, and common carrier wireless exchange access services, as defined by federal law. WIRELESS SERVICE FACILITY (WSF): A facility for the provision of wireless services, including a small cell facility, excluding coaxial or fiber- optic cable that is not immediately adjacent to or directly associated with a particular antenna. 12-27-3: STANDARDS FOR ALL WSFS: A. Compliance with law: All WSFs shall meet the current standards of the FCC and any other applicable law. By adopting this Section, the Town is not attempting to regulate radio frequency power densities or electromagnetic fields, which are controlled by the FCC. B. Verification: Upon a request by the Town at any time, a WSF owner or operator shall verify that - 1 . hat: 1. The WSF complies with current FCC regulations prohibiting localized interference with reception of television and radio broadcasts; and 2. The WSF complies with the current FCC standards for cumulative field measurements of radio frequency power densities and electromagnetic fields. C. Applications - 1 . pplications: 1. An application to locate a new WSF not deemed to be an eligible facility request shall be approved or denied by the Town within ninety (90) days of the Town's receipt of a completed application. This time period may be tolled by mutual agreement. The time it takes for an applicant to respond to a first request for additional information will not count toward the ninety (90) day period set forth herein if the Town notifies the applicant of an incomplete application. 2. Each WSF shall be evaluated for approval subject to the standards set forth in this Code as well as current standards and 5 3/21/2018 U PECIPEC18-00MORDINANCE NO. 8 SERIES 2018 WIRELESS SERVICE FACILITIES.DOCX regulations of the FCC and any other agency authorized to regulate WSFs. 3. When an application for approval of any WSF is incomplete, the Town shall provide written notice to the applicant within thirty (30) days, specifically identifying all missing documents or information. If an application remains incomplete after a supplemental submission, the Town shall notify the applicant within ten (10) days. Second or subsequent notices of incompleteness may not require the production of documents or information that were not requested in the original notice of incompleteness. D. Criteria: In considering an application for approval of any WSF, the Town shall base its decision on whether the WSF meets the applicable standards as outlined in this Chapter and all other applicable standards of the Code. E. Denial: A final decision by the Town to deny any application under this Chapter shall be in writing and supported by substantial evidence contained in a written record. 12-27-4: FREESTANDING WSFS: A. Review required: Prior to the location of a freestanding WSF within the corporate limits of the town, design approval shall be required per Chapter 11 of this Title. B. Setbacks: A freestanding WSF located within two hundred fifty (250) feet of property zoned for residential use shall be set back from each property line one (1) foot of distance for every one (1) foot of height, plus an additional ten (10) feet. A freestanding WSF located more than two hundred fifty (250) feet from property zoned for residential use shall meet the minimum setbacks for buildings and structures in the underlying zone district. 12-27-5: BUILDING MOUNTED WSFS: A. Review required: Prior to the location of a building mounted WSF within the corporate limits of the town, design approval shall be required per Chapter 11 of this Title. B. All accessory equipment shall be placed inside a building if feasible. Equipment storage shelters shall be grouped as closely as technically possible, and the total area of all accessory equipment, including storage shelters, shall not exceed four hundred (400) square feet per WSF. 6 3/21/2018 U PECIPEC18-00MORDINANCE NO. 8 SERIES 2018 WIRELESS SERVICE FACILITIES.DOCX 12-27-6: SMALL CELL FACILITIES: A. A telecommunications provider or broadband provider may locate or collocate small cell facilities or small cell networks on light poles, light standards, traffic signals, or utility poles owned by the Town in public rights-of-way, subject to the following - 1 . ollowing: 1. A small cell facility or a small cell network shall not be located or mounted on an apparatus, pole, or signal with tolling collection or enforcement equipment attached. 2. If upon inspection, the Town concludes that a WSF fails to comply with applicable law and constitutes a danger to persons or property, upon thirty (30) days' prior written notice to the owner or operator, the owner or operator shall bring the WSF into compliance. Upon good cause shown, the Town may extend such compliance period for not more than ninety (90) days from the date of said notice. If the owner or operator fails to bring the WSF into compliance, the Town may remove the WSF at the expense of the owner or operator. B. The Town may contract with any telecommunications provider concerning the attachment of small cell facilities to poles or structures in the right-of-way. The Town shall not request or receive from a telecommunications provider, in exchange for or as a condition upon a grant of permission to attach a small cell facility, any in-kind payment or payment in excess of the amount that would be authorized if the Town were regulated pursuant to 47 U.S.C. § 224. A. General: An application for approval of a WSF shall include all information regularly required for other development applications, in addition to the following - 1 . ollowing: 1. A written, narrative statement describing in detail how the WSF will comply with the standards in this Chapter. 2. If requested by the Town, photographic simulations showing the proposed WSF and, if applicable, the structure on which it will be attached. C. A telecommunications provider or broadband provider may file a consolidated application for a single permit for a small cell network involving multiple individual small cell facilities. However, each small cell facility individually is subject to review for compliance with this Chapter. 12-27-7: MICRO WSFS: A. No permit shall be required for the installation, placement, operation, maintenance, or replacement of a micro WSF that is suspended 7 3/21/2018 U PECIPEC18-00MORDINANCE NO. 8 SERIES 2018 WIRELESS SERVICE FACILITIES.DOCX on cable operator -owned cables or lines that are strung between existing utility poles in compliance with applicable law. B. The Town may require a permit for installation, placement, operation, maintenance, or replacement of a micro WSF where the installation, placement, operation, maintenance, or replacement - 1 . eplacement: 1. Involves working within a highway travel lane or requires the closure of a highway travel lane; 2. Disturbs the pavement or a shoulder, roadway, or ditch line; 3. Includes placement on limited access rights-of-way; or 4. Requires any specific precautions to ensure the safety of the traveling public; the protection of public infrastructure; or the operation of public infrastructure; and such activities either were not authorized in, or will be conducted in a time, place, or manner that is inconsistent with, the approval terms of the existing permit for the facility or structure upon which the micro WSF is attached. 12-27-8: ELIGIBLE FACILITY REQUESTS: A. Time: An eligible facility request shall be approved or denied by the Town within sixty (60) days of the Town's receipt of the completed application. This time period may be tolled only by mutual agreement or when an application is incomplete. If the Town fails to approve or deny an eligible facility request within sixty (60) days of the Town's receipt of the completed application (accounting for any tolling), the request shall be deemed granted; provided that this automatic approval shall become effective only upon the Town's receipt of written notice from the applicant after the review period has expired (accounting for any tolling) indicating that the application has been deemed granted. B. Approval - 1 . pproval: 1. The Town shall approve an eligible facility request that does not substantially change the physical dimensions of a tower or base station. 2. The Town may approve an eligible facility request that substantially changes the physical dimensions of a tower or base station if it complies with the remainder of this Code. 3. The Town may condition the approval of any eligible facility request on compliance with generally applicable building, structural, electrical, and safety codes or with other laws codifying objective standards reasonably related to health and safety. 8 3/21/2018 U PECIPEC18-00MORDINANCE NO. 8 SERIES 2018 WIRELESS SERVICE FACILITIES.DOCX Section 2. Severability. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. Retroactivity. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 4. 'Repeal ' epeal. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this day of , 2018 and a public hearing for second reading of this Ordinance is set for the day of , 2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 2018. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk 9 3/21/2018 U PECIPEC18-00MORDINANCE NO. 8 SERIES 2018 WIRELESS SERVICE FACILITIES.DOCX � i rvr� , � i! uhf/. i �' ,��r� i, �G.i, r n»;- [E City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: March 26, 2018 ITEM/TOPIC: A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, concerning an update to the 1994 Comprehensive Open Lands Plan, and setting forth details in regard thereto. (PEC17-0049) ATTArHMFNT.q- File Name PECII 7-0049Open Lands Plan Staff Memo.p 180308 OLP DRAFT low _res no appendix.pdf Attachment _E_z_Agpendix.pdf Description PEC1 7-0049 Open Lands Plan - Staff Memo Attachment A - Draft Open Lands Plan Attachment B - Appendix Attachment C - Implemenation Actions Errors and Clghfjgations.pdf Attachment C - Implementtion Actions Corrections Errors and Clarifications Attachment D Public Comment.pdf Attachment D - Public Comment Attachment E Comments Posted to _Ygilg2y_Website.pcif Attachment E - Comments Posted to Vailgov Website Vucich Comments 022618.pdf Additional Comments to be included in record W li t A 1711"J", , TO: Planning and Environmental Commission FROM: Community Development Department DATE: March 26, 2018 SUBJECT: A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, concerning an update to the 1994 Comprehensive Open Lands Plan and setting forth details in regard thereto. (PEC17-0049) Applicant: Town of Vail, represented by Braun Associates, Inc. Planner: Chris Neubecker I. SUMMARY The applicant, Town of Vail, represented by Braun Associates, is requesting a public hearing with the Planning and Environmental Commission (PEC) to present the update to the 1994 Comprehensive Open Lands Plan through the adoption of the 2017 Open Lands Plan Update (Plan), and to request a recommendation to the Vail Town Council on adoption of the Plan. Please use this link to obtain a high resolution version of the Open Lands Plan: haps L!A ww.vailpov.comfopenlandsupdate II. DESCRIPTION OF REQUEST The applicant, Town of Vail, represented by Braun Associates, Inc., is requesting a public hearing with the Town of Vail PEC to present the 2017 Open Lands Plan Update, and to request a recommendation to the Vail Town Council on adoption of the Plan. The purpose of this public hearing is to accomplish the following tasks - 1 . asks: 1. Present the PEC with changes to the Plan since the last review on November 27, 2018 and since the presentation on wildlife issues on February 26, 2018. 2. Obtain public input on the draft Plan and revisions to the Plan as suggested by members of the community. 3. Determine any changes to the Plan that are recommended by the PEC for consideration by the Town Council. 4. To request a recommendation to the Vail Town Council on adoption of the Plan III. BACKGROUND The Town of Vail began to develop a formal program for preservation and protection of open space in 1980 with the adoption of the 1 % Real Estate Transfer Tax (RETT). The creation of the Real Estate Transfer Tax, and the use of these funds for protection of lands, is considered by many citizens to be among Vail's greatest treasures. Funds collected from RETT are restricted by town ordinance for acquiring, maintaining and improving local property for parks, recreation, open space and for supporting sustainable environmental practices. On February 14, 1994 the Planning and Environmental Commission reviewed and recommended adoption of the 1994 Comprehensive Open Lands Plan during a public hearing. On March 1, 1994, the Vail Town Council adopted the Comprehensive Open Lands Plan, via Resolution 6, Series of 1994, with a vote of 7-0. April 19, 2016 the Vail Town Council directed staff, through the Town Manager, to initiate a community engagement process of updating the 1994 Comprehensive Open Lands Plan. The Plan update was initiated partly in response to discussion about extending the Vail Trail. The Planning and Environmental Commission held public meetings on the Open Lands Plan update on June 26, 2017, October 9, 2017, and November 13, 2017. Open house style events were held on the Plan, including January 4, 2017 (West Vail Fire Station), January 19, 2017 (Vail Golf and Nordic Center) and February 22, 2017 (Grand View Room), and June 15, 2017 (Grand View Room). On October 11, 2017 a trails workshop was held at the Vail Library, and was attended by about 40 people. On February 26, 2018 the Planning and Environmental Commission was presented with an update on the state of wildlife in the Vail Valley, including presentations from Bill Andree, District Wildlife Manager and Craig Wescoatt, District Wildlife Manager, from Colorado Parks and Wildlife. IV. SUMMARY OF PLAN GOALS AND OBJECTIVES Goal The goal of the planning process was to update the 1994 Comprehensive Open Lands Plan to provide a framework for effectively implementing actions to achieve Vail's goals for the preservation of open lands, the development of trails, and the use of town lands. Town of Vail Page 2 Objectives for Updating the Plan: The process for updating the 1994 Plan was designed to address the following broad objectives: Confirm the community's overall goals and priorities for the Plan. • The planning process included a comprehensive public input process, the results of which were used to inform the content of the Plan. The community and the Vail Town Council reaffirmed the original objectives of the 1994 Plan, reiterating the priority of protection of environmentally sensitive lands and wildlife as a top priority. Evaluate the Action Plan and identify any new Action Items to protect environmentally sensitive lands or other action to implement the goals of the Plan. • Of the 51 Action Items from the 1994 Plan, 38 were either implemented, partially implemented, addressed in alternative ways or the items have been deemed to no longer be feasible. • There are 106 privately owned, undeveloped parcels in Vail, and each was evaluated to determine if any could accommodate public facilities and community -oriented uses. Of the 106 parcels, three (3) were identified for potential affordable housing, and others were identified for environmental protection, or deemed infeasible for development. • In total, 28 Action Items are proposed and included in the Plan update for the purposes of protecting environmentally sensitive lands or wildlife, trail expansion or development, or for a community use such as local resident housing and other public facilities. Provide better direction for the potential development of recreation trails. An extensive trails scoping and public input process was included in this update to the Plan, and has resulted in 16 newly identified trails or trail connections, along with safety, wayfinding, and educational opportunities. Evaluate town -owned lands for how they can be used to meet community needs. • All 161 town -owned parcels were evaluated to determine if any could accommodate the town's future needs for public facilities. Parcels that were already developed or those that had site characteristics that would prevent development were eliminated. The eight (8) parcels that were deemed to be appropriate for further consideration are included in Chapter 3 of the Plan. Define management strategies for Town -owned lands. • Additional management strategies were identified and included in Chapter 6 of the Plan, including the management of land for the purposes of enhanced biodiversity, the development of local resident housing, and public facilities such as community solar farms, snow dump, disc golf, and a performing arts center. Town of Vail Page 3 Protection of environmentally sensitive lands/wildlife • Additional emphasis has been added to the Plan addressing wildlife issues and the potential impact on wildlife from trails and recreation construction and users. This emphasis was added at the request of the community and Town Council, with a goal that any new trail development be designed, located, constructed and managed in a manner to avoid any adverse impacts on the natural environment and wildlife resources. V. APPLICABLE PLANNING DOCUMENTS Staff believes that the following provisions of the Vail Town Code are relevant to the review of this proposal: VAIL 20/20 STRATEGIC ACTION PLAN LAND USE Goal #1: Vail will continue to manage growth, maintaining a balance between the bulk and mass of residential, commercial and recreational uses to ensure the quality, character, diversity and vitality of the town by ensuring that all regulatory and advisory land use documents are updated and current, providing ease of compliance and enforcement, and uniformity among regulatory and advisory documents. • Update planning documents, ensuring public participation and regional government participation to reflect current conditions, management of growth and gain a clear understanding of a preferred future scenario for Vail, including: o Comprehensive Open Lands Plan Goal #2: Land use and development decisions will address environmental sustainability as a priority of the community. PARKS AND RECREATION Goal #1: Evaluate current recreational programming, facilities and amenities and ensure they meet the needs of all users on a year-round basis. Goal #2: Establish and improve upon partnerships with public, private and non-profit entities, ultimately delivering added benefits to recreation users. • Work with Vail Resorts, Inc. and the Forest Service to build new trail systems. • Work with Vail Resorts, Inc. to improve biking and hiking on Vail Mountain and create additional on -mountain recreation opportunities. Goal #3: Conduct necessary capital improvements of Vail's current recreational facilities and amenities to meet high standard of quality for users. • Create trail connections that take users off the road. Town of Vail Page 4 ENVIRONMENTAL SUSTAINABILITY Goal #5: Water Quality: Maintain Gore Creek watershed as a Gold Medal fishery, while working to maintain tributaries that meet and/or exceed aquatic life standards set by the state of Colorado. • Develop and implement best management practices for sedimentation and erosion control in the watershed. Goal #6: Education: Ensure the community is educated and aware of environmental issues to encourage responsible environmental actions. • Work with the Town Council to identify environmental issues that need immediate attention as well as those that will require action in the future. • Build awareness of the Vail ecosystem by coordinating the promotion of outdoor recreation amenities with local stewards of the environment. HOUSING Goal: The Town of Vail recognizes the need for housing as infrastructure that promotes community, reduces transit needs and keeps more employees living in the town, and will provide for enough deed -restricted housing for at least 30 percent of the workforce through policies, regulations and publicly initiated development. • Conduct inventory of all sites with development potential and pursue opportunities for acquiring undeveloped or underdeveloped properties. • Evaluate opportunities for potential land swaps with the Forest Service. TRANSPORTATION Goal #1: Create an integrated Transportation System with high levels of service that caters to the many needs of our residents, guests and employees and embraces the many issues of the surrounding natural and built environment in its design, implementation and operation. Work with regional trail authorities to implement a comprehensive regional bike trail system to ensure Vail will be the center of a regional bike trail system connecting areas as far as Aspen, Rifle, Breckenridge, Fairplay, Kremmling, Leadville and Salida. • Work with the Forest Service, Bureau of Land Management, Greater Outdoors Colorado, Colorado Trail and other partners to implement the Rocky Mountain trail system that provides regional connections for hiking, mountain biking and other non -motorized modes of transportation, with Vail in the center of the system. Town of Vail Page 5 VAIL LAND USE PLAN CHAPTER II — LAND USE PLAN GOALS /POLICIES: The goals articulated here reflect the desires of the citizenry as expressed through the series of public meetings that were held throughout the project. A set of initial goals were developed which were then substantially revised after different types of opinions were brought out in the second meeting. The goal statements were developed to reflect a general consensus once the public had had the opportunity to reflect on the concepts and ideas initially presented. The goal statements were then revised through the review process with the Task Force, the Planning and Environmental Commission and Town Council and now represent policy guidelines in the review process for new development proposals. These goal statements should be used in conjunction with the adopted Land Use Plan map, in the evaluation of any development proposal. The goal statements which are reflected in the design of the proposed Plan are as follows: 1. General Growth /Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.8 Recreational and public facility development on National Forest lands may be permitted where no high hazards exist if. a) Community objectives are met as articulated in the Comprehensive Plan. b) The parcel is adjacent to the Town boundaries, with good access. c) The affected neighborhood can be involved in the decision-making process. 1.9 The existing condition and use of National Forest Land (USFS) which is exchanged, sold, or otherwise falls into private ownership should remain unchanged. A change in the existing condition and use may be considered if the change substantially complies with the Vail Comprehensive Plan and achieves a compelling public benefit which furthers the public interest, as determined by the Town Council. 1.10 Development of Town owned lands by the Town of Vail (other than parks and open space) may be permitted where no high hazards exist, if such development is for public use. 1.13 Vail recognizes its stream tract as being a desirable land feature as well as its potential for public use. Town of Vail Page 6 2. Skier /Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day visitors. 2.2 The ski area owner, the business community and the Town leaders should work together closely to make existing facilities and the Town function more efficiently. 2.4 The community should improve summer recreational options to improve year-round tourism. 2.5 The community should improve non -skier recreational options to improve year- round tourism. 2.7 The Town of Vail should improve the existing park and open space lands while continuing to purchase open space. 5. Residential 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. VI. CRITERIA Amendments to the Open Lands Plan require a public hearing review process as outlined in Section 12-3-6 of the Town Code. The role of the Planning and Environmental Commission is to hold a public hearing and make a recommendation to the Town Council on adoption of the Plan, or changes to the Plan that should be considered by the Town Council before adoption. The Open Lands Plan Update, an element of the Comprehensive Plan, will need to be adopted by the passage of a resolution by the Vail Town Council. Amendments to, or adoption of new elements of, the Comprehensive Plan must address the following review criteria: Adoption of a Master Plan The adoption of an amendment or update to a master plan needs to be in concert with the Town of Vail's Comprehensive Plan. The adopted master plan shall support, strengthen, and further the development objectives of the town. To ensure consistency with these objectives, the following factors for consideration are applied. Town of Vail Page 7 1) How conditions have changed since the original plan was adopted; Staff finds that conditions have changed in the following manner since the adoption of the 1994 Comprehensive Open Lands Plan: • Significant population growth in Vail and in Eagle County • Increased summer visitation • Gore Creek is now listed on the State's 303(d) list as an impaired waterway • Ever-increasing challenges with establishing workforce housing in Vail • Development of regionally -oriented recreation facilities in down -valley communities • On-going redevelopment in Vail that has increased the density and intensity of use on many properties • A dramatic increase in the level of use and types of use on recreational trails. • Completion of 38 of the 51 original identified Action Items • Significant impacts on wildlife resources 2) How is the original Plan in error? The 1994 Comprehensive Open Lands Plan is not in error, but is over 23 years old. The Plan needs to be updated to remain relevant and consistent with the changing conditions and goals of the community. This update still achieves the original objectives and is consistent with the purpose of the 1994 Plan. These objectives are: To identify and develop strategies for acquiring or protecting key remaining open lands in Vail that would be valuable for recreation, protecting sensitive environmental resources, extending or connecting trails, providing adequate neighborhood open space, and creating a small amount of contingency land for unforeseen needs (e.g. employee housing, public facilities). These "public needs" lands, while included in this Plan, would be purchased from sources other than the RE TT fund. 3) How the addition, deletion, or change to the plan are in concert with the master plan in general. Staff finds that the identified actions and supporting narrative of the 2017 Open Lands Plan Update are consistent with the stated goal and objectives of the 1994 Plan. Following are several ways in which the Plan update is in concert with the master plan in general, and the Vail 2020 Strategic Action Plan specifically: Land Use • Adoption of this Plan helps to ensure that this advisory land use document is updated and current, as stated in Land Use Goal #1. Town of Vail Page 8 • The Plan helps to address environmental sustainability as a priority of the community. Parks and Recreation The Plan helps to evaluate recreation opportunities on open space and trails, and identifies potential partnerships with public, private and non-profit entities (such as the U.S. Forest Service, Vail Resorts, Eagle County, and the Eagle Valley Land Trust) ultimately delivering added benefits to recreation users. Additional opportunities to enhance the trail network in Town are identified in the Plan, including opportunities to link to existing trails on Vail Mountain and outside Town of Vail municipal limits. Environmental Sustainability The Plan identifies lands than can be used to maintain Gore Creek as a Gold Medal Water, and that can help to implement best practices for sedimentation and erosion control. The Plan helps to advance the Town's goals of educating the community on environmental issues, and the role of opens lands in promoting environmental stewardship. Housing • The Plan identifies vacant land for potential new employee housing. Transportation The Plan identifies opportunities to expand the existing trail network which could also be expanded to connect to a regional rail system. VII. STAFF RECOMMENDATION The Community Development Department finds that the proposed Open Lands Plan Update can be improved with inclusion of a more formal implementation plan. The implementation items are generally included within the Plan, but are not located in one concise and easy to read location. We also believe that come clarifying language could be added to the Plan. Furthermore, a few typographic errors have been discovered. A list of these Implementation Actions, Corrections, Errors and Clarifications is listed in Attachment C. The Community Development Department recommends that the Town of Vail Planning and Environmental Commission forward a recommendation of approval of the Open Lands Plan Update, with the Implementation Actions, Corrections and Clarifications is listed in Attachment C. Town of Vail Page 9 Staff's recommendation of approval is based upon the review of the proposed amendments and the criteria outlined in Section VI of the memorandum, dated March 26, 2018 and the evidence and testimony presented throughout the public hearing process. More specifically, the staff believes the applicant has demonstrated that conditions have changed since the Plan was adopted and that the Open Lands Plan Update, as proposed, is in concert with the adopted goals and objectives of the Comprehensive Plan in general. Should the Planning and Environmental Commission choose to forward a recommendation of approval of the adoption of the Open Lands Plan Update, staff recommends the Commission approves the following motion: "The Town of Vail Planning and Environmental Commission recommend that the Vail Town Council adopts the 2017 Open Lands Plan Update. The recommendation of approval is based upon the Commission's review of the proposed Plan, as amended over the course of the public hearing process and the finding that the applicant has demonstrated to the satisfaction of the Commission that conditions have changed since the original adoption of the 1994 Comprehensive Open Lands Plan and that the requested additions, deletions, or changes to the Plan are in concert with the adopted development objectives, as outlined in Section VI of the staff memorandum dated March 26, 2018." VIII. ATTACHMENTS A. 2017 Open Lands Plan Update - DRAFT B. Appendix to Open Lands Plan C. Implementation Actions, Corrections, Errors and Clarifications D. Public Comment received as of March 22, 2017 4:30 PM E. 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C, 1 0 M 0. 0. E > 1. W W 0 0. w S:", - -.S' m E iCp 2 c L-7 T3 r 7,11 0 l u o .1 4z L) U) ca 0 UJ 0 0 0 -0 0 o ia sa M 0 lu 0 U) 5 L- A 0 15 fir cn .0 a , T) -0 o Q C E- W E 0) U 0 15 qp 0 Q (3) o 0 cz 15 5 r- 0 0 iCG iv M 0) 0 C,aap U) ID 0 ",-- L) M 42 L) a) 0 '0 Z Q� 0 0 6 6 r- r� 0 n C M, 0iCG 0 0 0 0 0 tm 0 5 5 X- W Q) 0.0 0 -0 0 uj :2 -01 0 C E U) 0) M .0 (v U) ca 0 U) U) > 0 0 L Z., V2 c u u < < 0 E z 0 cl. 0 , q) 0 N 0) r - 'a 0 < F- E 00 2 cl—I -- -5 �E,:, do -- -- 'i (,q m CI ATTACHMENT C Implementation Actions, Corrections, Errors and Clarifications The Community Development Department recommends that following changes or additional items to be included within the Open Lands Plan Update. We believe that these additions will help to strengthen the Plan. With inclusion of these items, and other items that may be identified by the public or by the PEC, we recommend approval of the Open Lands Plan Update: Implementation Actions: Add new Implementation Actions to the Plan, and create a chart to easily track the Actions and their progress, including which department or agency will be responsible for implementing the Action. Note that many of these are actions that are not tied to a specific parcel, and are thus not listed in the Action Items in Chapter 5. 1. Identify the process that will be used for evaluating future trails, including methods used to identify and evaluate potential wildlife impacts. 2. Identify a timeline or phasing plan for implementation. These could include short term actions (less than 2 years); medium term actions (2-5 years); longer term actions (greater than 5 years). 3. Identify priority levels for Implementation Actions (high, medium and low), or rank the priorities in order of relative importance. Recognize that many variables will affect the ability to implement certain actions. These include privately held property, and the timing of their potential sale (if ever). Properties that are lower in priority may be implemented sooner if properties become available for sale, or if a willing property owner comes forward. 4. Map Colors (p.9) — Privately Owned Land / Parcels for Acquisition and/or Protection — Consider identifying lands that are both private undeveloped and environmentally sensitive. 5. Designated Open Space — Perform an analysis of the 26 parcels that qualify to be Designated Open Space, and make recommendations on which parcels, if any, should be designated. Consider creation of a citizen Task Force to assist with this review process. Present recommendations to the Designated Open Space Board of Trustees. 6. Conservation Easements - Perform an analysis of the 26 parcels that qualify to be Designated Open Space, and consider if conservation easements are also necessary or beneficial to protecting these lands. 7. Assign members to, and reconvene, the Designated Open Space Board of Trustees. 8. Begin a comprehensive study of lands containing important biodiversity values, such as vegetation, aquatic resources, riparian and wildlife habitat, including existing conditions, monitoring, and programs for enhancement of thee resources. Develop formal policies for the management of Town -owned lands. 9. Develop a program for maintenance of open lands and trails. Town owned lands are currently maintained by the Public Works Department. Consider if this is still appropriate or if development of an open lands and trails division should be created, which will likely require dedicated funding. 10. Continue to study the concept of "trail free zones" which are currently, and should remain, free of human activity. These zones are generally areas that may serve as wildlife sanctuaries with a general lack of human disturbance. Coordinate these studies with wildlife biologists and Colorado Parks and Wildlife. 11. Implement a public education program targeted to both locals and visitors to inform the public on the importance of trail closures, keeping dogs on leashes (or where dogs may be prohibited) and other behaviors that people can take to reduce their impacts on wildlife. 12. Work with Colorado Parks and Wildlife to identify seasonal trail closures, and educate the public about the importance of closing trails to support wildlife. 13. Initiate discussions with Colorado Parks and Wildlife and the U.S. Forest Service to define how the Town of Vail can assist in programs to enhance wildlife habitat in and around Vail. 14. Develop a coordinated system for trail wayfinding and signage, trail etiquette, and trail maps at trailheads. 15. Work with the U.S. Forest Service on maintenance of existing trails, including the North Trail (Buffehr Creek to Cortina Lane), North Trail (Red Sandstone Road to Buffehr Creek Road) and Buffehr Creek Trail. 16. Study the possibility of creating a kids bike park/pump track, and short single track loop for kids biking and/or hiking. 17. Formally adopt the Trail Types and Standards listed in the Appendix of this Plan, or a similar trails standard. 18. Discuss with Town Council the next step in the planning process, including direction on the preparation of a more detailed plan for potential trail improvements. This more detailed trails plan would include trail specific wildlife studies, environmental and geologic studies, and potential closure of existing trails. 19. Modify Action Item #24 as follows: Purpose — Protect environmentally sensitive land from development Action — Acquire parcel if not developed by the land owner. If a development application is approved, work with the land owner to establish a conservation easement on 17 acres of Natural Area Preservation property, and mitigate for wildlife on the 5 acres of developable property. Other information — If the land owner were to decide not to develop this land at their sole discretion, the Town should take steps to acquire the property or work with the land owner to protect the land from development. This 23 acre parcel includes important bighorn sheep habitat and rockfall hazards that had been incorrectly identified as unplatted open space in the 1994 Open Lands Plan. During the process of updating this plan, the land owner was confirmed, and applied for and received approval for subdivision and rezoning of the parcel to 17 acres Natural Area Preservation and 5 acres multi -family residential. Definitions Add definitions of key terms: Open Space, open lands, Designated Open Space, environmentally sensitive lands, easement, and conservation easement, NEPA Typos / Errors p. 55 — Remove repeated paragraph p. 19 - Evaluation of Town Owned Lands — Map — Middle Bench (Parcel #1) is not labeled p. 20 — Add Parcel number to section on West Vail Parcels along Chamonix Lane p. 50 - Chapter 6, Implementation, Action Items from Action Plan — Remove "check number". Clarifying Language 1. Clarify that the Action Items in Chapter 5 are not listed in order of importance or priority, but rather are numbered from west to east. 2. Add clarifying language to Chapter 5 — Action Plan, to clarify that any property identified for acquisition by the Town will depend upon a willing seller and the Town of Vail has no intention to condemn property or to use eminent domain. 3. Consider moving the comments fro the trails workshop out of the Plan (p. 26) and into the Appendix. 4. Consider changing "Existing Trails Plan" on p. 29 to Existing Trails. 5. Create a separate page for each map in the Wildlife Resources Maps (p. 31) 6. Chapter 6, Implementation, Action Items from Action Plan — Remove "check number". 7. Regional Context Plan — Identify the meaning of labels on the Plan: A, B, C, D etc. ACII NIIIL...II IID II'. IIC coIIIIIL IIS II COMMENTS: MARCH 26, 2018, PEC MEETING Chr. Rediker, Commissioners, & Staff: The 2nd revision of the Open Lands (& Trails) Update, conveniently made available to the public about 2 wks. ago, is vastly improved from both the original OLP & its successor OLP Update. Particularly welcome to me are the all new Executive Summary & new section p. 30-33 "Wildlife in the Gore Valley," including, "Mitigating Measures." Also most welcome is a map in the appendix following the '94 OLP which is an apparently substantially amended "Conceptual Trails Plan/ Trails Dropped From Consideration." Unfortunately as of this writing, there isn't an appropriate key for ID'ing dropped trails, but must assume the purplish lines as indicators of this. Action Item 24 is a stunning addition to the document and a guide going forward in Town of Vail's dealings with Vail Resorts' desire to build workforce housing on a plot of very sensitive land eyed both in the 1994 & 2017 OLP's for protection from all development. The VR proposal is of the right project but in very much the wrong place. It is some consolation that, if it goes forward, a well-regarded wildlife consultant has and is spending many hours this winter studying the movements of the Bighorn Sheep herd which will be so affected with the goal of siting this development where it will have the least adverse impact on them. I welcome these revisions and others throughout the document particularly those describing the process for developing a proposal for any new trail on p. 38 & the reduction of Conceptual "Trail ideas" to 12 from 16 by eliminating 3 from OLPU & combining 2 as Vail Trail Extension. Especially heartening is the "caveat" from p.4 of the Summary that "...any new trail development not create adverse environmental or wildlife impacts." This is clearly a basic principle for a Sustainable Community & Resort. What has changed leading to such a radical revision of the 2017 OLP? I think consultations with wildlife manager Bill Andree of CPW, heeded now by staff and community, growing awareness of major recreational impacts on wildlife, Vail's embrace of the goal of a Sustainable Resort, culminating in the Town sponsorship of a most effective Wildlife Forum in January, are responsible. Would that the earlier consultations with staff have been more largely heeded and shared with the public before the community meetings on development of specific new trails! Had this happened, I feel certain the trails discussions would also have started with the "caveat" expressed in the Summary, to create no "adverse environmental or wildlife impacts." While the dropped trails map and Action Items have removed the trails most likely to create such adverse impacts, one trail remains that, from the onset of the process 2 yrs. ago or more, has stirred the most community opposition, that is the Vail Trail Extension. Giving credit for the modification to make the historic Vail Trail "hiking only", yet the "multi -use" trail portion passing through Katsos Ranch and under the nest ledge of a Peregrine pair seems still on the drawing board. This fact flies in the face of residents' informed opposition, CPW Wildlife Manager Andree's advice, current information on environmental resources to be at risk, and respect for the purposes of the Vail Memorial Park. Why this tenacious clinging by some to such a "Trail Idea?" It is time to stop flailing this tired horse and move on. Forward this plan on without the Vail Trail Extension and pursue the shared dream of keeping Vail a very special place, not just a resort. Anne Esson These are questions and comments submitted to TOV staff re: the Open Lands Plan Update by Tom Vucich and that he will be at the meeting to give further details during public comment. From: Tom Vucich Sent: Wednesday, March 21, 2018 10:19 AM To: 'gbarrie@vailgov.com' Cc: 'kbertuglia@vailgov.com' Subject: FW: Questions Hi Gregg—below are the questions that I mentioned to you earlier I have relating to the trail issues that have resulted in the current COLP update. 1.0ther than you (and I assume Tom Braun as consultant) who specifically at the TOV has been involved in the decisions to remove, and keep, the trail ideas that were discussed with Bill Andree and CPW relating to wildlife impacts of new trails? 2. Page 24 of the Update shows a "Concept Plan from '94 Plan". I think it should also include Exhibit 6 (Trails Plan) from the '94 plan—that clearly shows the extension of the Vail Trail through the Katsos Ranch property as a "proposed pedestrian trail". Preceding references to extending the Vail Trail to East Vail says "to provide an alternative hiking trail." Do you agree? 3. In light of #2 above, who at TOV in the January of 2015 first put forth the false and deceptive notion that "the 1994 COLP recommended a new beginner level hiking and mountain biking trail in the Katsos Ranch Open Space" when presenting the ideas for soft surface trails to council? This misleading representation is still being mentioned in the Update with comments like on page 36 of the Update stating the Vail Trail Extension meets user group: Multi -use. It never was envisioned for multi -use in the original plan and to continue to say otherwise now is patently untrue. 4. The same comments on page 36 about the Vail Trail Extension say it will be subject to "USFS and CPW approval". Is this true? I thought you said at the PEC Q &A session that it will only require TOV approval ... can you please clarify? 5. On page 32 of the Update (Mitigating Measures) there is mention of Habitat Enhancement which is good—but I believe there needs to be equal emphasis to habitat preservation and the notion of no further fragmenting of critical wildlife habitat. This was the most important idea that came from the wildlife forum in January. 6. The redlined Update also references on page 38 the process regarding trail ideas will include "site specific environmental and wildlife analysis being completed in order to understand the potential impacts of any new trail." Even though the Vail Trail Renovation and Extension plan was "shelved" 2 years ago does the TOV plan to use the Western Biononics and Mears reports done for that plan in the future? (i.e. what exactly does "shelved" mean?) 7. In that same section of the Update it says "It is expected that CPW will play a significant role in this process (wildlife analysis) by providing baseline information and referral comments on this evaluation." Would you agree with me, or disagree, when I say that was already recently done by Bill Andree's considerable input about the Vail Trail Extension --in conversations with Kelly Colfer, in the State of Wildlife in the Gore Valley, in the TOV-CPW meeting in February in Tom Braun's office, in Bill's 11/27/17 memo to you, Bill's (and Craig Westcoat's) extensive presentation to PEC last month and certainly in the 2 hour Wildlife Forum in January. Why should the public believe now that CPW's "significant role" in the future would be given any more credence than what the TOV has just heard from them? 8. 1 would suggest including in the Update Appendix the Outside magazine article "The New Golden Rule for Playing Outside: Place First" that Bill Andree mentioned at the Wildlife Forum. Have you and others involved in this process read it? I believe it is not only as pertinent and relevant as the other Appendix inclusions, but also it will be an important reference item for future generations here to know how some forward thinking recreationists were thinking in 2016-18. 9. Finally, knowing what we know today regarding wildlife issues in the Gore Valley, how specifically will the TOV justify keeping the Vail Trail Extension as a trail "idea" in the COLP update and how does that not directly conflict with meeting its own criteria for obtaining international recognition for sustainability? Please provide specifics as I intend to bring this subject up publicly during this process. Thanks for responding promptly as I would like answers/comments before next Monday's PEC meeting. Regards, Tom Vucich "Please Note: We will never email you wire instructions, please call me if you are asked to wire money." .................................................................................................................................................................................................................................................................................................................................................................................................................................................. II L.. II NII II °:IIS II o I%%I II It:���)O III 4:'. 0I," II� ow I SII VII If.... S II IIS'. II II .................................................................................................................................................................................................................................................................................................................................................................................................................................................. Comments posted to Vailgov.com website as of 3/21/2018. Visit webpage to see latest comments: htt�se//wwwevailgovecom/government/current-topics-projects/open-lands-ua�date/community-feedback What are your thoughts on the published 2017 Open Lands Update? 11 /7/2017 10:12 AM Expand pg. 49 trail maintenance section to include which trails are currently adopted in ToV, list town support of programs ($5k is VRD in first two years), and note 2 year trail work figures for the 7 adopted ToV trails (can get from ecadoptatrail@gmail.com) 11/7/2017 10:17 AM clarify that conceptual trails and action items are or are not prioritized - maybe numbered from west to east, for example. pg 32 type in first sentence "rom' instead of "from" 11/12/2017 5:57 PM Before the final plan is adopted, I urge you to do a wildlife and biodiversity study. 11/13/20172:11 PM The update makes brief reference to wildlife corridor and habitat. Areas that are important for wildlife habitat and movement should be specifically evaluated with regards to future development and trails planning to ensure that proposed open space trails are compatible with wildlife needs and do not put key areas of remaining habitat or movement corridors at risk. Decision-making that is informed by the best available science is important to protect wildlife values in the community for residents and visitors alike. 11/21/2017 7:45 PM I agree that wildlife impacts certainly should not be overlooked. However, we should also remember, as we have done in the past that seasonal wildlife closures can be extremely successful alternatives to not building a trail at all. We stand on the brink of being a nationally recognized mountain bike destination, and that opportunity should be embraced. 11/21/2017 8:15 PM very excited about the ideas of vail trail expansion and intermountain>west vail trails.... and I'm sure the critters will like using the trails too! 11/27/2017 12:53 PM All for more trails! Great plan. 11/27/2017 1:07 PM It most likely goes without saying, that most of us in the cycling community are in support of responsible built and sustainable trails. I have had the opportunity to travel throughout Colorado and Europe and have seen what others can do with there trail systems; and I have to say that Vail and the valley could be doing more and better with our trail system. I(we)have a love of cycling and the outdoors and the opportunity to combine the two makes for a unique experience. It allows us to have fun, appreciate Mother Nature, learn about the forests, see the changes, appreciate how tough and fragile nature can be. Let us spread the love of nature by whatever means and have more opportunities to experience it. Should we not embrace the opportunity to responsibly get people out of their automobiles and experience the outdoors. From this, can some not learn more and appreciate more the environment in which we live and that sustains us. Additionally, we are a growing state and community that needs more and better options than what are currently available. It is time to accept the realty that the valley is a multi sport/use community, and we cannot keep saying no to everything that does not agree with our values. Further, we cannot keep using the excuse of "pristine lands," or now that I'm here, nothing new can be built. All that has been developed, was at one time, pristine land. Again, I(we) are not advocating development without being responsible and nor caring about environmental or wildlife impacts. On the contrary, most I would say, are for caring about wildlife and the environment. But we also understand that outdoor recreation is why we and our visitors are here. Let us figure out a way to expand and improve upon what makes us such a great state. This is an opportunity to make things even better for our community. 11/27/2017 1:30 PM The work that has been done over the past decades has certainly made Vail into a great place to recreate and be able to enjoy the abundant public lands. However, visiting other "competing" similar mountain communities throughout the west, there is a pretty stark contrast in terms of community connectivity between neighborhoods, the resort and village centers. Utilizing soft surface trail connections, as laid out in the plan will go a long ways in improving this connectivity not only for residents, but also for our guests as they come to enjoy our trails. 11/27/2017 1:32 PM Make great trails and the people will come. 11/27/2017 6:27 PM Very excited about the new proposed trail additions! 11/27/2017 7:17 PM Thrilled at the idea of expanding our trail network here in Vail! 11/28/2017 7:49 AM The idea a new trails in Vail is a great idea! Soft trails connecting neighborhoods and allowing looping will be a big step plus.) would love to see a soft trail from two Elk east connecting the bike path in east vail. Also the new areas recently cleared from dead trees in west vail could make a great area for mor trails in west vail. Compared to other Colorado mountain towns Vail is behind in trail numbers and connectivity, let's change this with community teamwork. 11/30/2017 1 1:08 AM Early on in this discussion, this was most definitely about pro and anti trail building with a large focus on mountain biking and the size and scope needed for such trails. However, we now have data and insights available from local wildlife experts from CPW. We are literally "recreating" this valley to death and destroying the very environment we came here to enjoy. Wildlife continues to be dramatically impacted and herd numbers have dropped significantly over the past decade .... but we just keep building and proposing more trails and causing more fragmentation. It is time to take care of what is left, enjoy what we have built and focus on maintenance and co -existence. And the trails in the Alps can in no way be compared to this valley where we already have a major Interstate highway, two frontage roads, paved bike lanes, intense development, a ski area and many trails. The trails in the Alps are footpaths connecting villages and often times there is not even a major road. 11/30/2017 2:23 PM The Update addition in the Trails section of several paragraphs on wildlife & the environment and other revisions strengthen the Plan. These make the implementation of any trails subject to environmental analysis of trails impacts on wildlife and natural resources. This is exactly what a truly sustainable community should be doing, balancing recreation activity with protection of our very special environment. 1/21/2018 8:18 PM The Community Wildlife Forum held on January 18, 2018 was well attended, professionally presented and frankly, sobering and troubling. For anyone who did not attend the Town intends to post the video of it online, hopefully soon. It is must viewing for anyone who truly cares about the impact on wildlife in and around Vail. It is also, now more than ever, essential that the TOV seriously take the findings of that forum into consideration while the current update of the Open Lands Plan is underway. More specifically, that needs to be done before the Update is presented to the PEC at its next meeting February 26th. To not would be a tragic and fundamental failure by the Town in planning for the future of Vail --especially in light of its current quest for international sustainability recognition. What's on Your Mind... Regarding Trails? The town has an existing network of paved and "soft -surface" trails throughout the town that accommodates a variety of users - from hikers, to walkers, road bikers, mountain bikers, in-line skaters and babies in strollers. The 1994 Open Lands Plan envisioned the concept of a trail system between neighborhoods "similar to trails found in the Alps where interconnected trails allow hikers to move around and to mountain villages," with trailheads in each neighborhood. Trails provide both recreational opportunities and the ability for individuals to access and enjoy the town's open lands and adjoining USFS lands. But if not sensitively designed and constructed, the development of new trails also brings with it the potential for adverse impacts from things like site disturbance, erosion and introducing human activity to wildlife habitat. • Under what circumstances should the town pursue a connected neighborhood trail system? What factors should be considered? 11/9/2017 9:54 AM Re: any trail linking CC1 & CC2 using the existing social trail segment above the Vail Memorial Park & below the Peregrine nest ledge directly above the Park. I am adamantly opposed to construction of a soft surface trail on this segment suitable for mountain biking for 3 reasons: 1.A mountain bike & expanded hiking trail at his location would likely drive out the only Peregrine pair in Vail as the peak period of cycling is exactly when the pair are raising their annual brood, late March through July. The birds are extremely sensitive to human intrusions at this time. 2. Peak time for family memorial services & visits at the Memorial Park is also at the same time as that for mountain bike activity. Particularly as some cyclists have in the past chosen to use the memorial markers as a bike obstacle course resulting in some damage, establishing a full-blown bike trail at this location is most insensitive. These are not compatible uses of that quiet space and its environs. 3. There is a valid and viable alternative routing sparing both the close intrusion on the Peregrines and on the Memorial Park. Already considered but not adopted is dropping the mountain bike trail down to the existing asphalt trail and using it to connect to the next segment of the East Vail Water Tank trail portion. This could be done easily just a few 100 yds. west of the Memorial Park & nest cliff. 011-Y 11114 E1 11to] 10wLTA I I am opposed to the Vail Trail Extension through the Katsos Ranch for the following reasons. 1. There is already an existing paved recreational path through this area. Parallel trails make no sense and cause further disturbance. 2. This area has been described by CPW as important winter, summer and transitional range for big game. Placing a trail further up the hillside will cause fragmentation and wildlife disturbance. 3. Following the Wildlife Forum, it is now very clear that recreation is having huge impacts on wildlife and high value habitat. It is no longer about our wants but now more about the animals' needs. Shelley Bellm To: Suzanne Silverthorn; Kristen Bertuglia; Gregg Barrie Subject: RE: Comments for PEC March 26, 2018 To: VAIL PLANNING AND ENVIRONMENTAL COMMISSION Following are recommended changes to the 2nd Revision of the Open Lands Plan Update 1. Move the Vail Trail Extension from the list of "Conceptual Trails" to the list of "Dropped Trails". This recommendation is based on input and recommendation from Colorado Parks and Wildlife and includes but is not limited to: A. Fragmentation of habitat B. Wildlife disturbance from recreational activities C. Significant declines in deer and elk populations within this parcel since 2000 D. Peregrine falcon habitat 2. All trails developed on TOV land that are exempt from NEPA and USFS approval should be subject to approval from CPW. 3. The most recent draft of the OLPU should include a separate summary of the Wildlife Forum with particular emphasis on declining herd numbers and the effects of recreation on wildlife and habitat. The Wildlife Forum was pivotal in awakening the Vail community to the integral role we all play in recreation ecology. Thank you, Blondie Vucich Sent from my iPad City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: March 26, 2018 ITEM/TOPIC: A report to the Planning and Environmental Commission on the Administrator's approval of an amendment to an existing Conditional Use Permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for a steel -frame tensile fabric shelter at the softball fields spectator plaza area, located at 580 South Frontage Road East (Ford Park)/Unplatted, and setting forth details in regard thereto. (PEC17-0032) ATTACHMENTS: File Name Description PEC17-0032 Ford Park CUP Amendment (Softball Shelter).pdf Report with Attachments 75 South Frontage (Road West Vail, Colorado 81657 vaiilgov.corn March 26, 2018 Community Development Department 970.479.2138 Dear Planning and Environmental Commission members and adjacent property owners: Re: A report to the Planning and Environmental Commission on the Administrator's approval of an amendment to an existing Conditional Use Permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for a spectator shelter at the softball fields plaza area, located at 580 South Frontage Road East (Ford Park)/Unplatted, and setting forth details in regard thereto. (PEC17-0032) Applicant: Town of Vail, represented by Todd Oppenheimer Planner: Jonathan Spence The purpose of this letter is to inform you that the Town of Vail Community Development Department Administrator has approved an amendment to the Ford Park Conditional Use Permit for the installation of a spectator shelter at the softball fields' plaza area, located at 580 South Frontage Road East. The shelter will provide protection for athletes and spectators from sun, rain and lightning. The roof is proposed as a live roof system similar to the maintenance building on the west end of the park. The Administrator's approval includes the following conditions: 1. The applicant shall submit and obtain approval of a complete application for review by the Design Review Board before applying for a building permit. 2. Applicant shall at all times abide by the Conditional Use Permits regulations, Title 12, Chapter 16, of the Vail Town Code. 3. Any conditional use which is discontinued for a period of two (2) years, regardless of any intent to resume operation, shall not be resumed thereafter; any future use of the site or structures thereon shall conform to the provisions of Title 12, Chapter 16, Vail Town Code. The Town of Vail staff has determined that this amendment to the approved Ford Park Conditional Use Permit meets the review criteria prescribed by Section 12-16-10, Amendment Procedures, Vail Town Code. This approval of a Conditional Use Permit amendment will be reported to the Town of Vail Planning and Environmental Commission at its Monday, March 26, 2018 public hearing at 1:00 .mm. in the Vail Town Council Chambers, located at 75 South Frontage Road West. The Planning and Environmental Commission reserves the right to "call up" this administrative action for additional review at this hearing. This administrative action may also be appealed by an adjacent property owner, any aggrieved or adversely affected person, or the Vail Town Council as outlined in Section 12-3-3, Appeals, Vail Town Code. Should you have any questions, please feel free to contact me directly at 970-479-2321. Jonathan Spence, Senior Town Planner Attachment: Project Description, Design Plan and Site Plan. 0* Elkhiorn Drive Colorado81657 vaflgov.com MEMORANDUM «r 1 M... 970.479.2158 970.479.2166 To: Vail Planning and Environmental Commission From: Vail Department of Public Works and Transportation Date: March 15, 2018 RE: Narrative for Conditional Use Permit for Proposed Ford Park Softball Field Shelter. The Vail Town Council has budgeted funds for improvements to Ford Park to design a permanent shelter at the area referred to as the Softball Field Spectator Plaza. This is the area where the softball infields of the west and center fields come together. The purpose of the proposed shelter is to provide sun, rain, and lightning protection for athletes and spectators utilizing the sport fields at Ford Park in this heavily used location. The existing shelter of the covered picnic area at the east concession/restroom facility and the roof overhang of the west maintenance/restroom facility offer in adequate protection or are too great a distance from the location where many park users congregate. The proposed shelter consists of a permanent steel frame on concrete foundation with wood fascia and column wraps with stone bases. The roofing will be a Live Roof System matching the roof of the near -by West Restroom and Maintenance Building. All architectural elements will match those of this building. The roof slope will be approximately 2:1. The proposed shelter covers the majority of the spectator plaza area. The footprint is approximately 1429 square feet. The maximum height is 21'-1 '/2". Preliminary Drawings are included with the submittal. Final architectural and structural design has been begun. Construction is scheduled for the fall of 2018. as6 is9c' " "'d 11— 60£I suoi}dp ubsia4 aa}IagS IlsglloS b3113HS TGId llgidOS - >NVd MJOd :vunioNbo� veld al!S aalla4S lleq:UoS IF 213113HS MIIJ IIVO-AOS NI ]Vd CMOJ cn I / I III w II l 6 I w I I I I � W 4 a , � I I� I I r ¢ I w I6 I I I III. , I W Il I I � I , I I I / N=el mwl I 3 — I ZLL W_ i 0' I Cl) . I a Z LL O U) n i Y a �' I - I l IN lI l a I l r U) I / � � r � � Y a i H z ,I w / ao 6 W r / / r ' 7II I I I / I r r r / I I I x r r City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: March 26, 2018 ITEM/TOPIC: A request for review of a Major Amendment to Special Development District (SDD) No. 6, Vail Village Inn, Phases I and 11, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for modifications to the approved development plans in order to permit building additions, an outdoor patio and associated landscape improvements located at 100 East Meadow Drive Unit 15/1-ot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC18-0011) Due to a significant reduction in project scope, this project is being re -advertised and re -noticed as a Minor Amendment. As a result, this item will be heard as a report to the Planning and Envornmental Commission on April 9, 2018. City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: March 26, 2018 ITEM/TOPIC: A request for the review of a variance from Section 12-6D-6, Setbacks, Vail Town Code, in accordance with the provisions of Section 12-17-1, Variances, Vail Town Code, to allow for a variance to a side setback, located at 1200 Ptarmigan Road, Unit A / Lot 1, Block 8, Vail Village Filing 7, and setting forth details in regard thereto. (PEC17-0047) ATTACHMENTS: File Name Description PEC17-0047 1200 Ptarmigan Rd Memo.pdf Staff Memo to PEC (Table) uffiml idr-_rTI• .,=11 TO: Planning and Environmental Commission FROM: Community Development Department DATE: March 26, 2018 SUBJECT: A request for the review of a variance from Section 12-6D-6, Setbacks, Vail Town Code, in accordance with the provisions of Section 12-17-1, Variances, Vail Town Code, to allow for a variance to a side setback, located at 1200 Ptarmigan Road, Unit A / Lot 1, Block 8, Vail Village Filing 7, and setting forth details in regard thereto. (PEC17-0047) Applicant: Eileen Hyatt, represented by Jack Snow, RKD Architects Planner: Matt Panfil The applicant, Eileen Hyatt, represented by Jack Snow of RKD Architects, has requested that this item be tabled to the April 23, 2018 Planning and Environmental Commission meeting in order to address the potential need for additional variances. City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: March 26, 2018 ITEM/TOPIC: A request for a review of a prescribed regulations amendment to Section 14-10-6, Residential Development, Vail Town Code, to allow the Design Review Board (DRB) to apply different design review standards in situations when two-family dwellings appear as separate and distinct development lots, and setting forth details in regard thereto. (PEC18-0005) Applicant requests PEC table to May 14, 2018. City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: ITEM/TOPIC: March 12, 2018 PEC Results ATTACHMENTS: File Name Description pec results 031218.pdf March 12, 2018 PEC Results PLANNING AND ENVIRONMENTAL COMMISSION TOWN OF V& March 12, 2018, 1:00 PM Town Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 Call to Order 1. 1. Present: Brian Gillette, Pam Hopkins, Ludwig Kurz, John -Ryan Lockman, Karen Perez, John Rediker, and Brian Stockmar Absent: None 2. Site Visits 2.1. 2014 West Gore Creek Drive Unit 5 - Proctor Residence 2.2. 790 Potato Patch Drive - 790 Potato Patch LLC 2.3. 223 Gore Creek Drive Unit 3 - Potter Residence 2.4. 231 East Meadow Drive - Colorado Ski Museum 2.5. 100 East Meadow Drive Unit 24 - Nico Vail Restaurant 3. Main Agenda 3.1. A request for the review of the following two (2) variances: 1.) a variance from 20 min. Section 11 -6 -3 -A -1-a, Business Identification Signs, Number, Vail Town Code, to allow for more than one (1) business identification sign; and 2.) a variance from Section 11 -6 -3 -A -1-b, Business Identification Signs, Area, Vail Town Code, to allow for a business identification sign greater than six (6) square feet in area, in accordance with the provisions of Section 11-10-1, Variances and Appeals, Vail Town Code, located at 231 East Meadow Drive (Colorado Snowsports Museum)/Tract B & C, Vail Village Filing 1, and setting forth details in regard thereto. (PEC18-0004) Applicant Colorado Snowsports Museum Planner: Matt Panfil Panfil introduced application for two sign variances. One of the variances is for more than one sign and the other variance is to allow a sign greater than six (6) square feet in area. The two (2) proposed signs are: 1.) a 10.5 square foot museum sign above the window east of the new entrance; and 2.) a 1.7 square foot sign with the Colorado Snowsports Museum logo placed on the crossbeam above the new entry. One issue generating the requests is that Vail Transportation Center is located within Sign District 1. The sign district is pedestrian -oriented in nature. Panfil stated this is a unique situation because the signage is 40'-45' from the closest right-of-way. In regards to the variance criteria, staff does find that it meets all criteria. The parking structure was included in Sign District 1 without any consideration given that the structure is not necessarily of a pedestrian scale. Staff recommends approval of both variances. The Design Review Board (DRB) is required to approve the signage design after the PEC meeting. As far as context and character go, the PEC can provide guidance to the DRB. Gillette —Asked about signage at the Solaris. Specifically he wanted to know if shops on the mezzanine level of Solaris are limited to six (6) square feet as well. Spence — Correct, except for the bowling alley and movie theater, which are allowed larger signs. Rediker —Asked why the signs appear larger compared to what we are looking at in this application. Panfil — The colored awnings may have something to do with the signs appearing larger. Spence —Also, Vail Town Code allows you to use two boxes on measuring sign area. You can separate the two boxes with space and the space between would not count. Rediker — Referencing one of the images, he asked for the square footage of the Vail Village Transportation Center signage. Panfil — The icons are considered wayfinding/directional. Looking back through the history, there was very little included in the approved Vail Village Transit Center signage. Susie Tjossem, Colorado Snowsports Museum and Hall of Fame indicated that she measured the Vail Transportation Center signage to the west of the museum's entrance to be approximately 16 square feet. Spence — If measured using the Vail Town Code technique, it would be a different measurement, resulting in a smaller measurement. Tjossem — Stated she does not have an additional presentation. Her intention is to make sure the signage is large enough for the pedestrians to see the signage from a distance. Additionally, the "Welcome to the Town of Vail" and "Thank You for Visiting" sign does block a portion of the proposed sign. Hopkins — There are two signage options shown. Asked for clarification as to which signage option is the preferred option. Tjossem — Stated the museum's first choice is the red museum sign on the wall above the window and the Colorado Snowsports Museum logo and text on the crossbeam above the new entrance. Panfil — Explained that one of the signage options was to demonstrate what the signage would look like if it were code compliant. Rediker —Asked for an approximate size of the previous museum sign. Tjossem — Stated she could go back and look, but does not remember as it was installed 24 years ago. Stockmar —Asked if the mural counts toward signage. Panfil — The mural did not count towards the signage requirement as murals are considered art. Tjossem — The mural was painted approximately 9 years ago. Rediker —Asked if the existing sign regulations were in place when the original sign was approved. Stockmar —Asked for the purpose was of the two blue rectangles in the rendering. Tjossem — The blue rectangles show the measurements used in the exhibit. Tjossem — Wanted to make the design clean and clear to just say "Museum." This will allow visitors to clearly know what is inside. Perez —Asked if the museum found it acceptable to use the logo and text to fit within the blue highlighted space. Tjossem — The reason the red was picked is that it matches the window trim. Stated that the suggestion could be a possibility, because the sign over the door is only for those that are walking by on the near sidewalk. Perez — Stated she is trying to find what is sufficient. Tjossem — Stated that she believes what is sufficient is what we requested. Lockman —Asked if creating this exception for two signs would allow other nearby businesses to ask for two signs. Panfil — If at some point they wanted to come back and ask for additional signage, they would have to return to the PEC. Kurz —Asked for clarification regarding the proposed sign over the door. Tjossem — Responded that the signage would be individually cut letters on the crossbeam. Kurz — Stated that in regards to what he saw in the field from the street below, the museum sign does not need to be as visible and prominent as what is proposed. Asked if a smaller sign still be visible from Slifer Square. A reduction of the main sign may still provide what the museum is looking for, in terms of visibility. Tjossem — The sign we propose is 84" wide. She showed one of the exhibits to Kurz of the signage imposed on the building. Hopkins — Expressed her interest in signage height the 10" — 14" letter range. When up close, the proposed sign seems out of scale with the facade. She suggested the applicant bring the letter size down from 18" to 15" or less. There was no public comment. Stockmar — Stated that he would like to see the museum attract the public, but he is concerned with the proposed size of the sign. He is not convinced that people walking by will see the sign. As people walk up the stairs, people then need to see it. He would like to find a mechanism to attract people to the museum. Would like to narrow down the signage letters. A measurement has not been done to see how much of the pedestrian traffic will be attracted to the museum. There are other distractions with signs in the area. He concluded that he would like to see the proposed signage shrunk down to match and blend with the building. Gillette — If this variance is approved, then there will be a new standard and there will be many more applications for sign variances around the Town. Expressed his interest in seeing the level of legibility if a code compliant sign was placed on the building. Kurz — Stated he looks at this signage for a museum differently than for a business. He would like the applicant to stay within the code. If the museum sign size should be reduced, he would be okay with the application. Perez — Stated she was wondering if a directional sign would be allowed on the road, which would increase visibility and limit the building signage to one. Hopkins — Stated she would like the sign to be smaller. Neubecker — Stated only code criteria should be considered, not necessarily the who the tenant is. Lockman — Concurs with previous comments. Disagrees that the proposed variances meet Criteria 1. He does not think it is designed to be looked at from the bottom of the street. There is sufficient signage around the Town and this proposal does not meet the criteria for a variance. Rediker — There are some physical limitations on this site, which make it difficult for signage and drawing pedestrians into the museum. Because the garage is a multi-level building he feels pedestrians are in a sense pushed away due to the scale. He agreed with Lockman's comments. He would like to see different alternatives. In particular, he would like to know whether or not it is reasonable to shrink the "museum" signage. He would allow more than one sign due to the challenges of the site, but he is not comfortable with the size of the "museum" sign. He suggested the applicant request a tabling of the item in order to address Commissioner comments and then return with an alternative. Tjossem —Asked if she could professionally render the sign herself, rather than returning to the professional sign company. She also suggested putting tape up in the sign location. Asked for further clarification as to how much smaller the sign should be. Stockmar — Stated his problem with the application is that this location is already sign heavy and busy. Tjossem — It has gotten busy due to all the other existing signs around the Vail Transportation Center. Panfil — Clarified that the applicant may request a vote be taken today and then appeal to the Town Council if she disagreed with the commission's decision. Tjossem — Stated that she would prefer to table the application and return in two weeks on March 26. Brian Stockmar moved to table to March 26, 2018. Ludwig Kurz seconded the motion and it passed (7-0). 3.2. The applicant, John Potter, represented by Pierce Architects, is requesting 20 min. the review of a Major Exterior Alteration, pursuant to Section 12-713-7, Exterior Alterations or Modifications, Vail Town Code, to allow for an exterior remodel and addition to a unit within the Creekside building, located at 223 Gore Creek Drive Unit 3/Lot A, Block 5B, Vail Village Filing 1, and setting forth details in regard thereto. Also included in this application is the addition of a common element airlock entrance and the replacement of the trellis screening of a mechanical service deck with a stucco wall on the east side of the structure. ApplicantJohn Potter, represented by Pierce Architects Planner: Jonathan Spence 1. Approval of this major exterior alteration request is contingent upon the applicant obtaining Town of Vail approval of an associated design review application. 2. The applicant shall be required to meet the Inclusionary Zoning obligations at time of building permit issuance. Spence introduced the application and stated that because the proposal is within the CC1 District, the addition of square footage must appear within the PEC. There are three primary components of the request, including: an air lock, replacement of the existing screen with a more permanent stucco wall, and an addition. The eave line will be raised and been there. the two roofs will become one. The entirety of the roof must be replaced, although that will ultimately be a PEC decision. Staff has done an analysis and finds that the proposal meets all the criteria. The chimney that is being reduced is the eastern chimney. Stockmar — Asked staff to confirm that the change in GRFA still keeps the property within the Code requirements. Spence — Correct Gillette —Asked staff if they reviewed the sunshade analysis. Spence — Staff looked at the sunshade analysis and confirmed the additions will not affect the adjacent properties. Bill Pierce, Pierce Architects, stated he did not have anything else to add. Lockman — This is a great example of moving projects forward while maintaining the character of Vail Village and provided the building with a much-needed upgrade. Hopkins —Asked if the driveway is for parking or for Pepi's. Pierce — There is a separate entrance to Pepi's for parking. The driveway shown is for the residence of the building. Hopkins — Asked if a snow guard is needed because of the proposed metal roof. Pierce — Stated that they will provide a snow guard. Perez — Found that it meets the criteria. Kurz — In support of this and hopes the area will be cleaned up by the effort. Stockmar — Asked if the stucco wall continue in the same plane or if it will be inset. Pierce — It will appear as though the wall has always Rediker —Agreed with staff's analysis. Ludwig Kurz moved to approve with conditions. Brian Stockmar seconded the motion and it passed (7-0). 3.3. 790 Potato Patch LLC and David Schell, represented by Pierce and 20 min. Associates, are requesting the review of a variance from Section 12-11-3, Design Approval, Vail Town Code, in accordance with the provisions of Section 12-17-1, Variances, Vail Town Code, to allow for additions in excess of 500 square feet on a property with a nonconforming driveway, located at 790 Potato Patch Drive/Lot 12, Block 1, Vail Potato Patch Filing 1, and setting forth details in regard thereto. (PEC18-0007) Applicant -790 Potato Patch LLC, represented by Pierce Architects Planner: Jonathan Spence 1. Approval of this variance request is contingent upon the applicant obtaining Town of Vail approval of an associated design review application. 2. Prior to the issuance of a building permit for this project, the applicant shall provide a site specific geological investigation consistent with the requirements of Section 12-21-13. 3. This approval shall not require the applicant to make any associated driveway improvements. Spence introduced the application and stated the Vail Town Code has a requirement when adding square footage over 500 square feet nonconformities must be brought into compliance with the Code. Portions of the existing driveway exceed 18% slope and the applicant has agreed to heat the driveway and lessen portions to approximately 14% slope. Rediker —Asked staff if they believe the applicant has done all that they could to bring the driveway into compliance. Spence — If would be impossible to build a driveway given the two existing points of the curb cut and garage. Redker —Asked if the house was constructed prior to the existing driveway regulations. Spence —Answered yes, the house was constructed prior to the existing driveway regulations. Lockman —Asked for clarification of a letter on pages 79-80. Spence — Stated the owners after discussions with the Town of Vail and the owners that the work was necessary for the driveway. Lockman —Asked if the Town is requiring snowmelt on the entire driveway. Spence — The only portion heated is the red portion. Staff would most likely not recommend approval if not heated. Stockmar —Asked if the entire size of the driveway will be shrunk at the curb. Gillette —Asked for clarification as to why the applicant must heat the new driveway If the existing driveway works. The applicant was following the rules prior to renovation. Pierce — The plans cut off approximately ten feet (10') feet from the switch back. The applicant does not want to heat the driveway. Gillette — Would like to grant the variance without requiring the applicant to heat the driveway. Rediker — Given that the Code requires heated driveways and staff's analysis. The applicant is bringing the grade down 14%. Asked what the average will be for the grade on the driveway. Pierce — Stated 14.5% is the average grade. Rediker —Asked if staff is requiring the applicant to heat the driveway due to safety measures. Spence — Pointed out the applicant worked with Public Works to improve on two safety aspects. Even after regrading, there are two steep sections of the driveway remaining. Rediker —Asked where does the 12% come from. Spence — The maximum slope, if heating the driveway, is 12%. Perez —Asked if they are being asked to grant a variance that will still not bring the applicant into compliance with the Code. Stockmar — Stated that the issue is still which part of the heated driveway has the steepest grade. The grade where the driveway intersects with right-of-way is the steepest at appro)amately 14.5%. Rediker —Asked the applicant if there is no way to reduce the grades even further than what we have looked at given the existing conditions that exist. Pierce — Stated there is nothing we can do given the existing conditions. Stockmar — Stated we will face a lot of these issues over the years. This seems to make sense to a difficult solution to the problem. There are times at which it makes sense to heat a portion of the driveway. With the knowledge of historical issues, he agreed with the applicant. Gillette — Believed staff made the applicant go too far on this application, since the driveway currently works just fine. The variance should not include the driveway, because it was conforming when it was built. Kurz —Agreed with Stockmar. Perez — Believes staff is making applicant go too far with the application of the driveway. Hopkins — Primary concern is the environment. Believes the heated driveway is not necessary. Lockman — Stated he believes this is an issue with the Town Code section for snowmelt systems. The commission is going to continue to see this with applications in the future. The Town should not be directing applicant to spend large sums of money, and this section of the Code should be examined. Gillette — Stated a condition could be added where snowmelt is not added. Rediker —Asked for an estimated cost of the snowmelt system. David Viele — The cost is not only in the snowmelt system, but also the removal of asphalt and then installing pavers. He estimated that it could cost close to $200,000. Stockmar — Stated that he was leaning back to agreeing with Gillette. Rediker —Asked how much of the cost should be attributed to regrading vs snowmelt. Viele — Cost of snowmelt only is close to $85-$100,000. If this were done in Avon or Aspen, there would be a square footage requirement/fee attached to the project. Kurz —Asked if the commission were to go with Gillette's suggestion, would the project conform to code. Rediker —Asked how far the project is above the 500 square foot requirement. Spence —About 350 or 360 square feet on each side. Rediker — Stated this is a challenging application with imposing conditions that staff has proposed. The commission is dealing with an impossible condition to bring the existing driveway into compliance. Unfortunately, the Code does not allow us to consider the cost of the heated driveway of approximately $200,000 to not bring the driveway completely into compliance. Difficult application to consider with conformity with the Town Code with the obvious need and concerns of the legitimacy of the Code and public safety concerns of a steep unheated driveway. Brian Gillette moved to approve with conditions. John -Ryan Lockman seconded the motion and it passed (5-2). Ayes: (5) Gillette, Hopkins, Lockman, Perez, Stockmar Nays: (2) Rediker, Kurz 3.4. Report to the Planning and Environmental Commission of an administrative 5 min. action regarding a request for a minor amendment to Special Development District (SDD) No. 6, Vail Village Inn, Phases I and 11, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for modifications to the approved development plans in order to permit a change to gross floor area located at 100 East Meadow Drive Unit 24/Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC18-0008) ApplicantNico Vail Inc., represented by Martin Manley Architects Planner: Justin Lightfield Lightfield introduced the project by summarizing the report provided to the PEC, including a description of the physical changes to occur as a result of the minor amendment. Lightfield reviewed the elevations and renderings provided by the applicant. Rediker —Asked for the total increase in GRFA. Neubecker corrected Rediker's request in that there is no increase in GRFA, but rather commercial square footage. Lightfield responded that there are 233 square feet of new commercial space proposed, which complies with the maximum allowable commercial square footage. Jeff Manley, of Martin Manley Architects, made himself available for questions. There was no public comment. 3.5. A request for review of variances from Section 12-15-2, GRFA Requirements 45 min. by Zone District, Section 12-18-4 Uses, and Section 12-18-5, Density Control, Vail Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for Gross Residential Floor Area (GRFA) in excess of the amount permitted by lot area and zone district, located at 2014 West Gore Creek Drive Unit 5/Lot 41-43 (Hamlet Townhouses), Vail Village West Filing 2, and setting forth details in regard thereto. (PEC18-0009) Applicantflolly Proctor, represented by Martin Manley Architects Planner: Chris Neubecker Perez stated that Ms. Proctor was previously a client of hers, but she has spoken with Chairman Rediker about her work and she feels it is not necessary to recuse herself from this application. Neubecker asked Perez if there has been any ex parte communication between herself and the applicant, or if she has already made up her mind about the item. She confirmed no ex parte communication or predetermined decision regarding the item. Stockmar recommended that Perez consider recusing herself. Rediker stated that if she has no further business with the applicant and she can meet her duties as a Commissioner than she does not need to recuse herself. Perez stated that she will recuse herself. Neubecker introduced the project by summarizing the requested variances and the overall layout of The Hamlet development. There is a proposed storage area that will be counted as gross residential floor area (GRFA) due to the fact that the head height of the storage area will exceed five feet (5'). Gillette — Asked for clarification as to how GRFA and other development standards are calculated for this property. Rediker — Asked for clarification as to where the full-size doors to the storage area will be located. Neubecker referenced the proposed elevations to further describe the proposed improvements. Stockmar — Asked for the proposed width of the door opening. John Martin, Martin Manley Architects, responded that there are two (2) three foot (3') wide doors. Neubecker added that the proposed deck above the storage space has already been approved by the Design Review Board (DRB). There are multiple variance requests because nonconformities are addressed in multiple areas of the Vail Town Code. Neubecker concluded by stating that staff recommends denial as they do not believe that all criteria for a variance have been met. Neubecker referenced the staff memo outlining which of the variance criteria staff does not believe have been met by the applicant (Criteria 1 and 2). Lockman — Asked, if approved, there is anything that prevents the applicant from making the storage area into residential space. Neubecker stated that while it would not be ideal based on the layout of the unit, but it is possible. Neubecker asked to confirm the PEC received an email expressing support from one of the neighboring property owners. Kurz — Asked to confirm that the overall project is over allowable GRFA. Kurz asked if the dwelling units were on individual development lots, would the subject property still exceed allowable GRFA. Neubecker stated that while it would not necessarily exceed allowable GRFA, it would exceed density in regards to dwelling units per acre. Hopkins — Asked how the proposal would impact the parking requirements for The Hamlet. Neubecker stated that parking is calculated by minimum spaces per unit. As there are not any new units proposed, parking would remain compliant, and is actually improved by the conversion of living space back into a garage and the consolidation of two units into one. Rediker — Asked for clarification as to the maximum head height and entrance size that would make the proposal compliant with Vail Town Code. Neubecker responded that storage may have a maximum head height of five feet (6) and an entrance size of twelve (12) square feet. Martin added that a foundation is required for the proposed deck. The applicant is simply asking to enclose the area below the deck, which is unfortunately greater than five feet (5) above grade. There was a discussion about the nonconformities associated with the overall Hamlet development. Martin added that the applicant is not facing a physical hardship, but rather a hardship created by the underlying Two -Family Primary/Secondary (PS) Residential zoning Stockmar — Asked if the applicant was agreeable to a proposal with a wider entrance than code allows but one that conforms to the head height regulations. Martin stated that such a request is not practical. Rediker asked how the Town would make sure the applicant builds the storage space to a maximum head height of five feet (6). Neubecker stated that the applicant would need to provide some sort of structural improvement like a raised floor or truss -like ceiling system. The applicant, Holly Proctor, stated that she disagrees with some of the responses to the review criteria contained within the staff memo. Proctor stated that she believes there are no negative impacts associated with the proposal and stated that the property is already non -conforming and will never be conforming due to the zoning established in 1986. She believes that property should be eligible for the 250 square foot addition provided by the "250 Ordinance" because of the nature of the land use, not the actual zoning. She stated that as owner of the property she has no intention to use the storage space for living space. Hopkins — Asked for clarification as to what will happen with the garage spaces and if the applicant intends to store a vehicle in the storage area. Proctor responded that one of the previously converted garage spaces will go back to garage area and that she does not intend on parking any cars in the storage area, but she may keep a snowblower in the storage area. There was no public comment. Lockman — Stated that he understands the applicant's difficulties, but does not support the requested variances. He may support Stockmar's suggestion that the entrance size variance be approved, but does not believe the head height variation should be approved. Hopkins — Finds it difficult to say that approving the variances would not be a granting a special privilege. Kurz — Stated that he cannot support the requested variances. The zoning is what it is and until it is changed, the request is not allowed by the underlying zoning. Gillette — Stated that he also cannot find anything within the Vail Town Code to support the requested variances. Stockmar — Concurred with the other commissioners and stated that the PEC is constrained by the Vail Town Code and cannot find anything within the code that supports the request. Rediker — The Town wants homeowners to be able to invest in redevelop their properties, but in this case the Vail Town Code does not support the requested variances and he finds that the proposal does not meet the variance criteria. Rediker informed the applicant that they have the ability to appeal their decision. Martin argued that the applicant meets the variance criteria because while there may not be a physical hardship, there is a practical difficulty. Martin stated that Dominic Mauriello estimated that it would cost $30,000 to request a rezoning. Rediker stated that information does not pertain to the actual variance requests. Proctor asked Stockmar for clarification as to his questions regarding the door width. Rediker asked Neubecker if the application can be amended to reflect Stockmar's proposal. Neubecker stated that if it were to be considered, there would be a publishing requirement for a variance to allow for a crawlspace entrance greater than twelve (12) square feet in area. There was a lengthy discussion regarding alternatives to the proposal. Brian Stockmar moved to table to April 9, 2018. Ludwig Kurz seconded the motion and it passed (6-0). Abstain: (1) Perez 3.6. A request for a review of a prescribed regulations amendment to Section 14- 5 min. 10-6, Residential Development, Vail Town Code, to allow the Design Review Board (DRB) to apply different design review standards in situations when two-family dwellings appear as separate and distinct development lots, and setting forth details in regard thereto. (PEC18-0005) Applicant requests PEC table to March 26, 2018. ApplicantArosa Partners LLC, represented by Brad Hagedorn Planner: Justin Lightfield The applicant has requested that this item be tabled to the March 26, 2018 meeting. Ludwig Kurz moved to table to March 26, 2018. Brian Gillette seconded the motion and it passed (7-0). 4. Approval of Minutes 4.1. Februrary 26, 2018 PEC Results 5. Adjournment The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department Ad #: 0000207957-01 Customer: TOWN OF VAIL/PLAN DEPT/COMM DEVLM Your account number is: 1023233 PROOF OF PUBLICATION VAIL DAILY STATE OF COLORADO COUNTY OF EAGLE I, Mark Wurzer, do solemnly swear that I am Publisher of the VAIL DAILY, that the same daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein, that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The VAIL DAILY is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 insertion; and that the first publication of said notice was in the issue of said newspaper dated 3/9/2018 and that the last publication of said notice was dated 3/9/2018 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 4/15/2018. Mark Wurzer. Publisher Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 4/15/2018. Jerilynn Medina, Notary Public My Commission Expires: August 3, 2020 J'Em i.YNN MENI!44 hb7A�tW 1iC, N08ARY'p:dd50k0g938A' WC f'Xi•'3�lw4AUGi15P9,21k�i' THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing In accordance with section 12- 3-6. Vail Town Code, on March 26, 2016 a11:00 pm In the Town of Vail Municipal Building. C red L'i ion e pressriceae ey fiat onstamcall a", puorsuent to sec an 12-3-7 Amendment. Vail Town Code, to amendtTitle 12 of the Vail Town Code to dhter 27, Wle5Fad$efin forth details 0010)- Applicant: Town at Vail Planner: Justin Lighlileld A reg Lest for review of a Major Amendment to Spe- IalDavelo mans Dletdct(SDD No. 6, Vail Village Inn, Phases I and II, ic—uantto Section 12-9A 10, Amendment Procedures, Vail Town Code, to allow for modifications to the as proved development plans In order to permit bulid- Ingadditions, an outdoor patio and associated land - ape Improvements located at 100 East Meadow Dhi Unit 15/Lot O, Block5D, Vail Village Filing 1, and setting forth details In regard thereto. (PEG 18- 0011) Applicant: GattopardoBianco I represented by Steven James Hindu AIA Architect Planner: Jonathan Spence A reav r quast for the review d iha following three 3) es: 1.) a i ce from Section 1221-1 , He- stdc[ions in Specific Zones on Excessive Slopes, Vail Town Code, to allow for more than ten percent (10%) pima total sue arae to be covered by ti AppheanL Michael &Yoshiml Moore, r.d escri by RAL Architects, Inc. Planner_ Man Hanfll The applications and information about the propos- vailable for pubic Inspection during ofhce hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public Is nvited to attend site waits. Please cal 970-479- 2133 or visit www.valigov.com/planning for addition- al information. Sign language Interpretation available upon request with 24-1 notification, dial 711. Published March 9, 2018, n the Will Daily. (0000207957) Ad #: 0000214333-01 Customer: TOWN OF VAIL/PLAN DEPT/COMM DEVLM Your account number is: 1023233 PROOF OF PUBLICATION VAIL DAILY STATE OF COLORADO COUNTY OF EAGLE I, Mark Wurzer, do solemnly swear that I am Publisher of the VAIL DAILY, that the same daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein, that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The VAIL DAILY is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 insertion; and that the first publication of said notice was in the issue of said newspaper dated 3/23/2018 and that the last publication of said notice was dated 3/23/2018 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 4/15/2018. Mark Wurzer. Publisher Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 4/15/2018. Jerilynn Medina, Notary Public My Commission Expires: August 3, 2020 JEr i tYB�+i rt4L�k,6 hb7ARY f+il.BLiC, pp$ARY'F1:ldS6kOg9389' A1YCfq;Sl@M f'Xi �lw4AUGi15P9,20.�i' PLANNING AND ENVIRONMENTAL COMMISSION March 26, 2018, 1:00 PM Town Council Chambers onta 75 S. Frge Roatl - Vail, Colorado, 81657 Call to Omer Site Visits begin at 1000 AM 2.1. OLP #14 - 370 Hanson Ranch Road 22. 01-P #15 - Property north & west of MITI Creak F- 23, OLP #16 -460 Vail Valley Drive C 4. OLP #11 -Jus, east of 11, Sa,,M1 Frontage Rovtl West 2.5. OLP #18 12]8 Vail Valley Drive 2d, OLP #19 -3094 Booth Falls C.Ul 2.7. OLP 124 - 3700 North Frontage Road East 2.8. OLP #20 - 3785 Lupine Drive 2.8. OLP #22 - SouN of 4018 & 4022 Will— Way 2.10. OLP 421 -4205 Columbine Drive 2.11. OLP #23 -4313 Spruce Way 2.12. OLP #25 -4770 Bighorn Read 2.13. OLP #26 - 4682 Meadow Drive 2.14. OLP a27 - 4802 Meadow Lana 2.15. OLP #28 -Just north of 5137 Main Gore Drive & 5147 Gore Circle 2.16. OLP #11 -Property southwest of 742 Sandy Lane 2.11. OLP 410 -Just all of 1079 Sandstone Drive 2.18. OLP #7 - 1783 North Frontage Read West 2.11. OLP el -1155 Chama— IFne 220, OLP 44 -2139 & 2159 Chamonix Lane and 5179 St. Moritz Way 2.21. ULF #2 - Property nrrlhw,sl of 2603 through 2703 Ucdlna Lane 2.22, PEC18-0012- 28418asingdole Boulevard -Moors Residence 223. OLP #1 -2734 Sn 1,n,y Drive 2.24. OLP #3 2100V.-.nt Road 225. OLP 46 -2330 Tahoe Drive #C 226. OLP 98 - 1602 Matterhorn Circle 227. OLP #9 - 1494 South Frontage Read West 2.28. OLP #12 -J.. east of 292 West Meetlow Dni 229. OFF #13-91 Willow Bridge Road 2.30. PEC 180004 231 East Meadow Drive 3. Mall Agenda—begin at 1:00 PM 31. A request for the review of the following two (2) variances: 1.) a vananc0 fron Buslnaas IdaMlfloon- Sigrue, Number, Voll Town Cotl'11" , to allow f. .,ecteloh 1) b Ina d IIf1 , , Ig d 2) a f S nh n 11 now Bus toss Itlent -catch Sgns, Area, Vail Town Cad,, to allow fora busnes, Ideniiioore 1,on greater than six (6) aqua,, feet In area, In accordance with the provision of Section 1-10-1. Varied— and Appeals, Veu Town Code, leader] at 231 East Meadow Drh (Conrado Snow.code Mnsecm)Trast B & C, gel Village Thing 1, and setting roan, details It regartl thereto. (PEC180004) 30 min. Applicant: Colorado Snuwspon--a, Planner: Matt Pantil 32. A request for the review of the following three (3) variances: 1.) a vaiance loo, Section 1221-12, Restrlations in Speelflc Zones on Excessive Slopes, Pell Town Cotle, to h ow for or, than ten percent (t0%) of the teal site area to be covered by diveway. and U fa. Ul 2.) 1 &etran1431 M,,,,—,, Stlodwde, Vc,l Town Care, m, to than(f) b ip Unt and 3t '.n f 5 Mt 1431 u St d tl Vail T Cod to all f um h Ill leer ti l e �araga d de .l o r d) dg- of p hl p am f l .. than 2 fast, t 2841 B gd Il Bill d/L t 9 Block 8 Vail t mo t- D pme t S bd-' ion antl set lel hal 'I hrepresented ) AT Applicant: Michael & YosM1imi Moore, represented by RAL Architects, Inc. Planner: Matt Lentil 3.3. A request for.. recommentlation to the Vail Town Council for a ode t at regulations amendment pursuant to Section Chil Amendment, Vail Town Cotle, to and 411e 12 of me vac Town code to add a new chapter 27, Wlrelesa Service Faoilitlea, and seting forth tletalls In regard thereto. (PEC18-0010) 30 in Applicant: Town of Vail Planner: Justin est fora ,2- A request fora recommendation the Vail Town Council pursuant ie Section Open . Amendment, Vail Town Cotle i -r-re ing a to Fef.E IF the 1994 Comprehensiv Open Lands Plan, and setting forth tetany To, 3P thereto. (P and Associates min. Applicant: Town of Vail represented by Tom Braun, Braun antl Associates Planner: Chris Neubece P &Kristen Beduglia 36, n report to the Planning antl Environmental Commission on the Atlministrat ,e Pp A, i . .. t C I,far M p ensile 1-- 1216 10, Am ended- Protean es, Ve Town C d , to allow for o st f tensile Made halter l the titian fields spectator plaza urea, ,located at 580 South Frontage Road Eael (Far, Perk)/Unpladetl, and salting forth dela,[, In regard thereto. (PEC17-0032) 10 min. Applicant: Mown of at Planner: Jonathan Spence 36. A request for review of a Malo, Amend— to Special Development Disiric IBDD) No. 6, Va,l Vllinge Inn, Phers. I and 11, purauant to Section 12 9A 10, Amend—, PP ocetlures, Vail Town code, to allow for modifications to the approved development plans i ortler to permlt onIding adtltd111, an outdoor part, and ... related landecape Improvements located at 100 East Meadow Dive Unit 151ot O, Bleck 50, Vail Village Filing 1, and actin (oath details In regard thereto. (PEC15-0Ot 1) 5 in, Due to Ile ifl t tl 11 harleal coal thl p J t w be i o re-ativ 1i tl and ri ,onood as a M',o, A enn *,L As -atoll tl'slem wll bel d as a fopo,L 1, tire Pl ' h and Envirornmental Commission on Apnl 9, 2018, Applicant: Gatto P.do Bianco LLCopre— ed by Steven James Ride, AIA Architect Planner: Jonathan Spence 3.7. A request for the rev ew of a variance from Sector, 12-6D 6, Setbacks, Val Town Code, In ar—donce with to""ofac- of Soctlon 12-17-1, Variances, Vaf Town Cod to allow for a variance to a side setback, located at 1200 Ptarmigan Road, Unit A / Lot 1 Block 8, Vail Village Filing 7, and setting forth details In regard thereto. (PEC17 0047) 5 min. Applicant: Eileen Hyatt, represented by RKD Architects Planner: Malt Pantil 3-8. A roquost too a review of a preroibed regulations amendment to 6sction 14- 10 6, Resitl,nlial Development, Vail Town Cotle, to allow the Design Review Board (DRE to apply di ferent clean review ef-di In situations when two family dwelling, appear a: separate and da lnet development lots, and setting forth tletalls In regard there,,. (PEC18-0005) 5 min. Appllcant requests PEC table to May 14, 2018. Applicant: Arose Partners LLC, ropras,ated by B,ad Hagedorn Planner: Justin Lighifield 4. Approval of Minutes 4.1. March 12, 2018 PEC Results 5. Adjournment The applical on, and 'mfeamation about rho proposals are available for public inspection doing regular of flea hours at the Town of Vell Community Development Fopn—ilk, 75 South Frontage Road. The publle I in ad to attend the project orientation and the site visits that precede the public hearing In the Town of Vail Crmmuniiy Development Depanment. Times and order of items are approximate, subject to change, and cannot be rated upon to d,t,rmine at what time the Planning and Environmental Commission will con - ,,a., an Item. Plevee all (910) 418-2138 for addlterill Information. Please all 111 or sign language Inter pretation 48 hour prior to meeting ".a Development Department Publishetl In the Vail Daily March 23, 2018- (0000214333)